California Food and Agricultural Code - Division 4: Plant Quarantine and Pest Control - Part 1: Generally - Chapter 9: Specific Pest Control and Abatement Provisions (secs. 5901 - 6049)

1 FOOD AND AGRICULTURAL CODE - FAC DIVISION 4. PLANT QUARANTINE AND PEST CONTROL [5001 - 8808] ( Division 4 enacted by Stats. 1967, Ch. 15. ) PART 1. GENERALLY [5001 - 6299] ( Part 1 enacted by Stats. 1967, Ch. 15. ) CHAPTER 9. Specific Pest Control and Abatement Provisions [5901 - 6049] ( Chapter 9 enacted by Stats. 1967, Ch. 15. ) ARTICLE 1. Citrus White Fly Districts [5901 - 5907] ( Article 1 enacted by Stats. 1967, Ch. 15. ) 5901. To provide for the eradication of the citrus white fly, the director may by proclamation declare any portion of the state where the citrus white fly is known to exist to be a citrus white fly district. (Enacted by Stats. 1967, Ch. 15.) 5902. The proclamation shall state both of the following: (a) The existence of the citrus white fly district. (b) The description of the boundaries of the district. (Enacted by Stats. 1967, Ch. 15.) 5903. The director shall print a copy of the proclamation in one or more papers of general circulation in the infested district. (Enacted by Stats. 1967, Ch. 15.) 5904. Every plant within a citrus white fly district which is infested with citrus white fly or with the eggs, larvae, or pupae of the citrus white fly, or which there is reasonable cause to believe may be infested with citrus white fly, is a public nuisance. (Amended by Stats. 1967, Ch. 262.) 5905. The existence of any known host plant of citrus white fly within the boundaries of the district is reasonable cause to believe the host plant is infested with the citrus white fly. (Amended by Stats. 1967, Ch. 262.) javascript:submitCodesValues('5901.','5.1.11.1','1967','15','',%20'id 38702971-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5902.','5.1.11.1','1967','15','',%20'id 38702973-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5903.','5.1.11.1','1967','15','',%20'id 38702975-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5904.','5.1.11.1','1967','262','',%20'id 38702977-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5905.','5.1.11.1','1967','262','',%20'id 38702979-291f-11d9-9fa8-93d6a7ed919f') 2 5906. The department and the commissioners may cause the destruction of any host plant of the citrus white fly in a summary manner. (Enacted by Stats. 1967, Ch. 15.) 5907. If, in the opinion of the enforcing officer, the host plant may be treated in a manner to destroy all citrus white flies or the eggs, larvae, or pupae of the citrus white fly which are or may be on the plant, the officer may in a summary manner cause such treatment to be given. (Enacted by Stats. 1967, Ch. 15.) ARTICLE 2. Citrus Disease Prevention [5911 - 5940] ( Article 2 added by Stats. 2009, Ch. 426, Sec. 1. ) 5911. (a) The Legislature hereby finds and declares that the citrus killing diseases, Huanglongbing, citrus leprosis, citrus variegated chlorosis, and citrus canker, and the associated vectors present a clear and present danger to California’s citrus industry, as well as to other commodities and plant life. (b) This article is intended to establish an industry-funded program to assist in combating citrus specific diseases, vectors, and pests when found in California. (c) This article is not intended to create new mandates or circumvent state and federal authority on citrus or other agricultural commodities. (d) This article is not intended to establish a precedent, or to supersede or supplant in any way federal, state, or local government funding of efforts to combat citrus diseases and other pests in this state. (e) The prevention and management of citrus diseases is a matter of public interest. The provisions of this article are enacted for the protection of the citrus industry and in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (f) The Legislature finds and declares that the California citrus industry creates one billion eight hundred million dollars ($1,800,000,000) in citrus fruit, another one billion two hundred million dollars ($1,200,000,000) in economic activity, and employs an estimated 25,000 people in the state. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5912. Unless the context otherwise requires, the following definitions shall govern the construction of this article: (a) “Carton” means a unit equivalent to 40 pounds of citrus fruit. javascript:submitCodesValues('5906.','5.1.11.1','1967','15','',%20'id 3871b01b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5907.','5.1.11.1','1967','15','',%20'id 3871b01d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5911.','5.1.11.2','2009','426','1',%20'id f8480eab-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5912.','5.1.11.2','2009','426','1',%20'id f8485ccd-c859-11de-8568-cc7fb33ff0a7') 3 (b) “Citrus” means “citrous” and any plants of the genera Citrus, Fortunella, Poncirus, and all hybrids having one or more of such as parents. (c) “Citrus disease” includes any infectious, transmissible, or contagious disease or vector infesting citrus trees. (d) “Committee” means the California Citrus Pest and Disease Prevention Committee. (e) “Department” means the Department of Food and Agriculture. (f) “Districts,” except as otherwise provided in Section 5914, consist of the following geographical areas: (1) The Southern District consists of all growing areas in San Bernardino County and all other areas to the south, west, and east of San Bernardino County that are not included in any other district. (2) The Coastal District consists of all growing areas in the Counties of Monterey, San Luis Obispo, Santa Barbara, and Ventura. (3) The Kern District consists of all growing areas in Kern County. (4) The Tulare District consists of all growing areas in Tulare County. (5) The Northern District consists of all growing areas in Fresno County and all other areas to the north that are not included in any other district. (g) “Handler” means a person or entity who receives citrus fruit from a producer and who prepares the citrus fruit for fresh market. (h) “Marketing season” begins October 1 of each year and ends September 30 of the next year. (i) “Person” means a producer, handler, or any other entity that holds title to citrus fruit subject to assessment pursuant to this article. (j) “Producer” means any person in this state who is a grower of citrus fruit, but does not include a citrus nursery. (k) “Secretary” means the Secretary of Food and Agriculture. (l) “Specific to citrus” means of exclusive or principal concern to citrus as opposed to other commodities. (m) “Technical Advisory Committee” means the committee in existence at the effective date of this article, or its successor, that is responsible for developing and approving the citrus tristeza virus effective plan for the Central California Tristeza Eradication Agency. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5913. (a) There is hereby created the Citrus Disease Management Account in the Department of Food and Agriculture Fund. (b) The Citrus Disease Management Account shall consist of money from federal, industry, and other non-General Fund sources. Money from federal, industry, and other non-General Fund sources shall be available upon appropriation by the Legislature for the sole purpose of combating citrus specific pests, diseases, and their vectors. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) javascript:submitCodesValues('5913.','5.1.11.2','2009','426','1',%20'id f848d1ff-c859-11de-8568-cc7fb33ff0a7') 4 5914. (a) There is hereby created in the department the California Citrus Pest and Disease Prevention Committee. (b) The committee shall be composed of 17 members. Fourteen producer representatives shall be appointed by the secretary from nominations received from each district. District representation shall be determined by the secretary on a proportional basis equal to the production history of each district for the previous two years. The secretary shall also strive to appoint producers representing the different varieties of citrus fruit produced in California. (c) One member shall be a public member, appointed by the secretary from the nominees recommended by the committee. (d) Two members shall be citrus nursery operators, one representing northern California, defined as counties in the San Joaquin Valley and north but not including counties on the coast who shall be represented by a southern California designee, and one representing southern California, appointed by the secretary from the nominees recommended by the committee. (e) (1) The initial members of the committee shall be appointed within 30 days of the enactment of this article. The members shall serve staggered terms. The terms of the members of the committee shall expire as follows: (A) Two members on September 30, 2010. (B) Five members on September 30, 2011. (C) Five members on September 30, 2012. (D) Five members on September 30, 2013. (2) The members of the committee shall allocate the initial terms among themselves by lot or other method. (f) Appointments to the committee shall be for terms of four years. Vacancies shall be immediately filled by the secretary based on recommendations from the committee for the unexpired portion of the terms in which they occur. (g) The secretary and other appropriate individuals, including, but not limited to, county agricultural commissioners, pest control advisors, and representatives of the University of California and California State University systems, as determined by the secretary, in consultation with the committee, shall be nonvoting ex officio members of the committee. (h) Committee members may be compensated for reasonable expenses actually incurred in the performance of their duties, as determined by the secretary after consultation with the committee. (i) The committee shall meet at the request of the secretary, the committee chairperson, or upon the request of three committee members. (j) The committee shall appoint a chairperson, one or more vice chairpersons, and any other officers it deems necessary. (k) The Legislature finds and declares that persons appointed to the committee are intended to represent and further the interests of the citrus industry, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the committee, the citrus industry is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. javascript:submitCodesValues('5914.','5.1.11.2','2009','426','1',%20'id f848f911-c859-11de-8568-cc7fb33ff0a7') 5 (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5915. (a) The powers and duties of the committee are limited to activities involving the producers of citrus fruit and residential owners of citrus fruit or other host material. (b) The committee may do all of the following: (1) Develop, subject to the approval of the secretary, a statewide citrus specific pest and disease work plan that includes, but is not limited to, the following: (A) Informational programs to educate and train residential owners of citrus fruit, local communities, groups, and individuals on the prevention of pests, and diseases and their vectors, specific to citrus. (B) Programs for surveying, detecting, analyzing, and treating pests and diseases specific to citrus involving producers of citrus fruit and residential owners of citrus fruit and host materials, except as provided in Section 5930. (2) Submit recommendations to the secretary on, but not limited to, the following: (A) Annual assessment rate. (B) Annual budget. (C) Expenditures necessary to implement the statewide work plan developed pursuant to this section. (D) The amount of fees to be levied, as provided in Section 5919. (E) The receipt of money from other sources to pay any obligation of the committee and to accomplish the purposes of the committee in the manner provided in this article. (3) Recommend to the secretary the adoption of regulations consistent with the powers and duties of the committee. (c) The committee shall not engage in any activity deemed by the secretary to be contradictory to any eradication program or quarantine implemented to combat citrus specific pests, diseases, or related vectors. (d) For any program or activity occurring pursuant to this section, the department shall be the lead agency, unless an agreement is reached between the committee and the secretary to authorize another agency within the state or local government to act as lead for specific activities. (e) Any program or activity submitted by the committee to, and approved by, the secretary pursuant to this section shall not be altered without first notifying the committee of the alteration. (Amended by Stats. 2014, Ch. 924, Sec. 2. (SB 1018) Effective January 1, 2015. Conditionally inoperative as provided in Section 5927.) 5916. (a) Upon receipt of a recommendation from the committee for the adoption of regulations, the secretary shall do one of the following within 30 working days: (1) Initiate the rulemaking process to adopt the recommendation of the committee. (2) Decline to initiate the rulemaking process and provide the committee with a written statement of reasons for the decision. javascript:submitCodesValues('5915.','5.1.11.2','2014','924','2',%20'id 94411883-89fe-11e4-9682-f79e86bab932') javascript:submitCodesValues('5916.','5.1.11.2','2009','426','1',%20'id f849bc65-c859-11de-8568-cc7fb33ff0a7') 6 (3) Request the committee to provide additional information regarding the recommended regulations. (b) All regulations adopted pursuant to this article shall be adopted in compliance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), and may be subsequently repealed or amended as provided for in that act. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5917. No member or agent of the committee shall be personally liable for the actions of the committee or the department. No member or agent of the committee is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, by either commission or omission, as a principal, agent, or employee except for his or her own individual acts of dishonesty or crime. No member or agent of the committee is responsible individually for an act or omission of any other member or agent of the committee or the department. Liability is several and not joint, and no member or agent of the committee is liable for the default of any other member or agent of the committee or the department. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5918. (a) The committee shall reimburse the secretary for all expenditures incurred by the secretary in carrying out his or her duties and responsibilities pursuant to this article, including the costs of implementing and administering the administrative, enforcement, and regulatory recommendations of the statewide work plan developed by the committee. (b) The secretary shall not seek reimbursement for costs that exceed expenditures developed by the committee without first notifying the committee of the additional expenditures. (Amended by Stats. 2015, Ch. 374, Sec. 4. (AB 862) Effective January 1, 2016. Conditionally inoperative as provided in Section 5927.) 5919. (a) During the first marketing season, beginning February 1, 2010, and ending September 30, 2010, the monthly assessment to be paid by producers shall be one cent ($0.01) per carton. Thereafter, in addition to any other assessments, fees, or charges that may be required pursuant to this code, producers shall pay a monthly assessment established by the committee that shall not exceed twelve cents ($0.12) per carton. The assessment shall be: (1) Based on the number of 40-pound carton equivalents produced. javascript:submitCodesValues('5917.','5.1.11.2','2009','426','1',%20'id f849e377-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5918.','5.1.11.2','2015','374','4',%20'id 192ce65b-aa95-11e5-828e-dfe62b045024') javascript:submitCodesValues('5919.','5.1.11.2','2016','279','1',%20'id f24bfc94-bbf0-11e6-bdd8-d5db002bdb48') 7 (2) Collected from the producer by the first handler. If a producer prepares the citrus fruit for market, the producer shall be deemed the handler. (3) Remitted to the department by the first handler, along with an assessment report, at the end of each month during the marketing season. (4) Deposited in the Citrus Disease Management Account in the Department of Food and Agriculture Fund or, upon the recommendation of the committee, deposited in accordance with Section 227 or Article 2.5 (commencing with Section 230) of Chapter 2 of Part 1 of Division 1. The use of the funds deposited in the Citrus Disease Management Account shall be limited to the activities authorized by this article. (b) A producer producing less than 750 40-pound carton equivalents shall not be required to remit the assessment provided in subdivision (a). (c) The committee may recommend to the secretary an assessment less than the amount specified in subdivision (a) or no assessment if no disease prevention program is necessary or if there is sufficient reserve to operate the program, except as provided in Section 5930. (Amended by Stats. 2016, Ch. 279, Sec. 1. (SB 822) Effective January 1, 2017. Conditionally inoperative as provided in Section 5927.) 5920. (a) Upon establishment of a disease prevention program, any handler who does not file the required monthly assessment report and assessments by the 10th day of the month following the month for which the assessment is payable shall pay a penalty of 10 percent of the assessment owed and, in addition, 11/2percent interest per month on the unpaid balance. (b) Upon establishment of a disease prevention program, it shall be unlawful for any handler to refuse to collect the assessments or remit the assessments and the proper reports required by this article. (c) A handler shall not charge a producer an administrative fee for collecting or remitting an assessment. (d) A producer who disputes the amount of the assessment may file a claim with the secretary. The producer shall prove his or her claim by a preponderance of the evidence. (e) A producer may not bring any claim against a handler for damages, or otherwise, in connection with the assessment or the required deduction by the handler of the moneys owed to the producer as provided in this article. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5921. No later than June 30, 2013, the secretary shall hold one or more public hearings to determine whether the operation of this article should be continued. Thereafter, the secretary shall conduct the review process every four years. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) javascript:submitCodesValues('5920.','5.1.11.2','2009','426','1',%20'id f84a7fbd-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5921.','5.1.11.2','2009','426','1',%20'id f84aa6cf-c859-11de-8568-cc7fb33ff0a7') 8 5922. (a) If the secretary finds after the hearing that a substantial question of opposition exists among affected producers under this article regarding whether the operation of this article should be continued, the secretary shall submit the article for approval utilizing the following voting procedures set forth in this section and Sections 5923 to 5927, inclusive. As used in this subdivision, “substantial question of opposition” means opposition to the substance of the petition among currently affected producers, and is not intended to mean a particular number of producers. (b) Within 90 days of the secretary determining the requirement for referendum has been met, the secretary shall establish a list of persons eligible to vote on the continued implementation of this article. (c) Eligibility shall be limited to producers who paid the assessment on citrus fruit in the immediately preceding marketing season. (d) (1) In establishing the list, the secretary may require handlers, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid the assessment on citrus fruit in the immediately preceding marketing season. (2) The information required by the secretary shall be filed either with the monthly assessment form or no later than 30 days following receipt of a written notice from the secretary requesting the information. (e) Any producer whose name does not appear on the secretary’s list may have his or her name added to the list by filing with the secretary a signed statement identifying himself or herself as a producer that paid an assessment during the most recent marketing season. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5923. For the purpose of voting in the referendum required in Section 5922, only a producer required to pay the assessment pursuant to Section 5919 shall have the right to vote. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5924. In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of producers from the list established by the secretary participated in the referendum, and that either one of the following occurred: (a) Fifty-five percent or more of the producers who voted in the referendum voted in favor of this article, and the producers who voted paid a majority of the assessment dollars on citrus fruit in the preceding marketing season that were paid by all the producers who voted in the referendum. javascript:submitCodesValues('5922.','5.1.11.2','2009','426','1',%20'id f84acde1-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5923.','5.1.11.2','2009','426','1',%20'id f84b1c03-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5924.','5.1.11.2','2009','426','1',%20'id f84b4315-c859-11de-8568-cc7fb33ff0a7') 9 (b) A majority of the producers who voted in the referendum voted in favor of this article, and the producers who voted paid 55 percent or more of the assessment dollars on citrus fruit in the preceding marketing season that were paid by all the producers who voted in the referendum. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5925. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration. The secretary may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5926. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5927. (a) If the secretary finds that a favorable vote has not been given as provided in this article, this article shall become inoperative within one year of the end of the referendum period. (b) If the secretary finds that a favorable vote has been given as provided in this article, he or she shall certify and give notice of the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 5922. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Note: Inoperation clause in subd. (a) applies to Article 2, comprising Sections 5911 to 5940.) 5928. Upon termination of this article, and based upon a recommendation of the committee subject to approval by the secretary, any collected assessments not required to defray financial obligations incurred pursuant to this article shall be returned on a pro rata basis to all persons from whom assessments were collected during the marketing season immediately preceding the date of termination or paid to any existing state or federal program engaged in citrus specific pest and disease prevention activities. The assessments refunded to handlers shall be paid to producers if the assessment was previously deducted from moneys owed to the producer by the handler. javascript:submitCodesValues('5925.','5.1.11.2','2009','426','1',%20'id f84b6a27-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5926.','5.1.11.2','2009','426','1',%20'id f84b9139-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5927.','5.1.11.2','2009','426','1',%20'id f84bb84b-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5928.','5.1.11.2','2009','426','1',%20'id f84bdf5d-c859-11de-8568-cc7fb33ff0a7') 10 (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5930. No later than July 1, 2011, the committee, in consultation with the department, shall enter into a memorandum of understanding with citrus pest control districts responsible for funding citrus tristeza virus prevention activities, pursuant to Part 5 (commencing with Section 8401) of Division 4, for the purpose of funding the implementation of the citrus tristeza virus effective plan. The memorandum of understanding shall include, but not be limited to, the following: (a) Language providing that the programs, protocols, and implementation for the citrus tristeza virus effective plan will be developed and approved by the Technical Advisory Committee, or its successor, in consultation with the committee. (b) Provision for the funding required to implement the citrus tristeza virus effective plan. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) 5931. In the event the committee and the citrus pest control districts do not agree on the terms of the memorandum of understanding as prescribed in Section 5930, the citrus pest control districts shall conduct an election to determine which entity shall provide funding for the citrus tristeza virus effective plan. The ballot shall ask landowners within the citrus pest control districts to select either (1) the California Citrus Pest and Disease Prevention Committee and the Department of Food and Agriculture through the Citrus Disease Management Account to fund the citrus tristeza virus effective plan or (2) the citrus pest control districts as the funding entity of the citrus tristeza virus effective plan. (Amended by Stats. 2010, Ch. 328, Sec. 72. (SB 1330) Effective January 1, 2011. Conditionally inoperative as provided in Section 5927.) 5940. (a) The provisions of this article are severable. (b) If any provision of this article or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2009, Ch. 426, Sec. 1. (AB 281) Effective October 11, 2009. Conditionally inoperative as provided in Section 5927.) javascript:submitCodesValues('5930.','5.1.11.2','2009','426','1',%20'id f84c066f-c859-11de-8568-cc7fb33ff0a7') javascript:submitCodesValues('5931.','5.1.11.2','2010','328','72',%20'id f20c5340-156c-11e0-9477-defc54a20998') javascript:submitCodesValues('5940.','5.1.11.2','2009','426','1',%20'id f84c2d83-c859-11de-8568-cc7fb33ff0a7') 11 ARTICLE 3. Sterile Mexican Fruit Fly Production Facility [5951 - 5953] ( Article 3 added by Stats. 1991, Ch. 489, Sec. 1. ) 5951. The Legislature hereby finds and declares all of the following: (a) The introduction of Mexican fruit flies into California presents a serious threat to California’s economy. (b) The use of alternative methods for pest control is generally preferred to the aerial application of pesticides over urban areas. (c) The use of sterile flies has proven to be one of the most effective nonchemical procedures in the successful control and eradication of Mexican fruit flies. (d) California does not have a reliable source of sterile Mexican fruit flies that may be used to control future infestations of this pest. (e) The federal government, other states, the agricultural industry, and the country of Mexico would all benefit from a reliable source of sterile Mexican fruit flies. (Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.) 5952. The director may establish and operate a facility outside of this state to produce sterile Mexican fruit flies or enter into an agreement with any other public or private entity to jointly establish and operate the facility. (Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.) 5953. Any contract entered into by the department to determine the appropriate location, select a suitable facility, or prepare preliminary plans and working drawings is exempt from the Public Contract Code. (Added by Stats. 1991, Ch. 489, Sec. 1. Effective October 7, 1991.) ARTICLE 5. Cotton Pest Control [6001 - 6006.6] ( Article 5 enacted by Stats. 1967, Ch. 15. ) 6001. It is hereby declared that the cotton industry of this state is threatened with the invasion of cotton boll weevil and pink bollworm of cotton. These two pests, if established in this state, will cause losses of several million dollars per year to this state’s number one field crop. The purpose of this article is the prevention of the introduction of these two pests into this state and it is not intended to set a precedent, supersede, or change the normal methods of acting to control or eradicate newly established pests in this state. (Enacted by Stats. 1967, Ch. 15.) javascript:submitCodesValues('5951.','5.1.11.3','1991','489','1',%20'id 3871b021-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5952.','5.1.11.3','1991','489','1',%20'id 3871b023-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('5953.','5.1.11.3','1991','489','1',%20'id 3871b025-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6001.','5.1.11.4','1967','15','',%20'id 387336c9-291f-11d9-9fa8-93d6a7ed919f') 12 6002. The director, or an entity designated by the Cotton Pest Control Board, may contract with the United States Department of Agriculture for the purpose of controlling, suppressing, or eradicating cotton boll weevil or pink bollworm in this state, the State of Arizona, or the Republic of Mexico to prevent the entry and establishment of these pests in this state. (Amended by Stats. 1985, Ch. 953, Sec. 1. Effective September 26, 1985.) 6003. “First handler” means the first person who, as owner, agent, or broker, purchases, or otherwise acquires from a grower, possession or control of cotton. (Added by Stats. 1983, Ch. 167, Sec. 1. Effective June 30, 1983.) 6005. (a) Every grower of cotton in the state shall pay a fee of three dollars ($3) for each bale of cotton ginned or for each bale of cotton sold by a grower in this state who received the cotton under the federal payment-in-kind program, Section 700 et seq. of Title 7 of the Code of Federal Regulations. (b) The fee is a maximum fee. The amount of the fee may vary from district to district in accordance with the protection afforded to the cotton crop in the districts. The director may establish districts in the state for the purpose of fixing the fee. Between February 1 and June 30 of each year, the Cotton Pest Control Board shall recommend to the director the amount of the fee that it determines to be necessary to carry out this article in each district. The director may fix the fee at a less amount, when it is determined that the cost of administering this article can be defrayed with the below-maximum fee. The amount of the fee shall be effective for the next fiscal year. The fee shall be paid to the director or the entity designated by the Cotton Pest Control Board at the time the cotton is ginned or by the first handler when the cotton is sold in the case of cotton received by growers under the federal payment-in-kind program, Section 700 et seq. of Title 7 of the Code of Federal Regulations. The first handler shall deduct the fee from any moneys owed to the grower. To determine the number of payment-in-kind bales on which the fee is calculated that the first handler pays to the director, the first handler shall divide each grower’s total payment-in-kind entitlement pounds of cotton by 500. (c) The amount received from fees and other sources of income shall be deposited and handled in a manner determined by the Cotton Pest Control Board and shall be used exclusively to pay costs directly related to the control of pink bollworm or other related cotton pests. (d) Fees which have not been expended by the termination date of this article shall be refunded. (e) Moneys received from other sources for this program may be used to carry out the purposes of this article. javascript:submitCodesValues('6002.','5.1.11.4','1985','953','1',%20'id 387336cb-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6003.','5.1.11.4','1983','167','1',%20'id 387336cd-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6005.','5.1.11.4','1991','255','2',%20'id 387336cf-291f-11d9-9fa8-93d6a7ed919f') 13 (f) The Cotton Pest Control Board may hire any and all necessary personnel, contract for services, and incur all other expenses necessary to carry out the purposes of this article. (Amended by Stats. 1991, Ch. 255, Sec. 2. Effective July 29, 1991.) 6006. The director shall appoint a Cotton Pest Control Board, consisting of 10 members, to assist and advise him or her on matters which pertain to the control of cotton pests and to carry out its authority specified in this article. The membership shall consist of at least one cottongrower from each of the major cotton-growing counties in the state, and one member who is not a cottongrower and who represents the public. Any member of the board who misses two meetings without the permission of the board, is deemed to have resigned as a member of the board. The board may meet in regular session each month. The chairperson of the board or the director may call any other meeting of the board at any time. Each member shall be allowed per diem and mileage in accordance with Department of Human Resources rules for attending any meeting of the board. The board shall annually review the effectiveness of the cotton pest control program. (Amended by Stats. 2012, Ch. 665, Sec. 15. (SB 1308) Effective January 1, 2013.) 6006.5. It is hereby declared, as a matter of legislative determination, that cottongrowers appointed to the Cotton Pest Control Board pursuant to this article are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Added by Stats. 1976, Ch. 1429.) 6006.6. Any decision made by the Cotton Pest Control Board which results in an entity other than the department administering this article shall be made not later than May 1 of any year. (Added by Stats. 1985, Ch. 953, Sec. 3.5. Effective September 26, 1985.) javascript:submitCodesValues('6006.','5.1.11.4','2012','665','15',%20'id 3fd8319a-4596-11e2-9423-da81a64fbdb4') javascript:submitCodesValues('6006.5.','5.1.11.4','1976','1429','',%20'id 3874bd73-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6006.6.','5.1.11.4','1985','953','3.5',%20'id 3874bd75-291f-11d9-9fa8-93d6a7ed919f') 14 ARTICLE 6. Field Rodents [6021 - 6024] ( Article 6 enacted by Stats. 1967, Ch. 15. ) 6021. If the director receives a report from the executive officer of the State Department of Health Services which states that field rodents in a certain area carry, or are likely to carry, any disease, insect, or other vector of any disease which is transmissible and injurious to humans, he shall forthwith advise the commissioner of the county in which such rodents exist. (Amended by Stats. 1977, Ch. 1252.) 6022. The commissioner shall cooperate in suppressing field rodents and insects, or other associated vectors of rodent-borne diseases transmissible and injurious to humans. (Amended by Stats. 1967, Ch. 897.) 6023. The director shall cooperate by entering into an agreement pursuant to Section 482 for the purpose of suppressing the field rodents and insects or other associated vectors in the reported areas and in neighboring areas, to prevent the spread of the rodents and insects, or other associated vectors. (Amended by Stats. 1967, Ch. 897.) 6024. In order to carry out the purposes of this article, the director or commissioner may enter upon any and all premises within any reported area or neighboring area to bait, trap, expose chemically treated baits, or perform any act which he deems necessary for the purpose of suppressing, destroying, or repelling the rodents and insects, or other associated vectors. (Amended by Stats. 1967, Ch. 897.) ARTICLE 6.5. Vertebrate Pest Control Research [6025 - 6029] ( Article 6.5 added by Stats. 1990, Ch. 757, Sec. 1. ) 6025. The Legislature hereby finds and declares all of the following: (a) The continued viability of the agricultural economy is of paramount importance to the people of this state. (b) Vertebrate pests cause an estimated two hundred million dollars ($200,000,000) damage to agricultural crops each year, and without effective javascript:submitCodesValues('6021.','5.1.11.5','1977','1252','',%20'id 38764419-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6022.','5.1.11.5','1967','897','',%20'id 3876441b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6023.','5.1.11.5','1967','897','',%20'id 3876441d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6024.','5.1.11.5','1967','897','',%20'id 3876441f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6025.','5.1.11.6','1990','757','1',%20'id 165d2d1e-6d2a-11da-aa07-ec2667125fc1') 15 controls, the losses and damage could reach one billion dollars ($1,000,000,000) annually. (c) The use of materials to control vertebrate pests benefits the public health by preventing rodent-borne diseases that could be transmitted, and be injurious, to humans. (d) County departments of agriculture have historically provided vertebrate pest control materials to the agricultural community. (e) Recent changes in the federal law require the development of extensive data and the payment of registration fees in order to register these materials, and these requirements are costly. Research studies to develop this data will be required if these valuable control materials are to be maintained. (f) It is appropriate that the necessary research be funded by an assessment on the vertebrate pest control materials for which these studies are required. (Added by Stats. 1990, Ch. 757, Sec. 1. Repealed as of January 1, 2026, pursuant to Section 6029.) 6025.2. For purposes of this article, “vertebrate pest” means any specie of mammal, bird, reptile, amphibian, or fish that causes damage to agricultural, natural, or industrial resources, or to any other resource, and to the public health or safety. (Amended by Stats. 2005, Ch. 176, Sec. 1. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6025.3. For purposes of this article, “research” means basic and applied research. Basic research is experimental or theoretical work undertaken primarily to acquire new knowledge of the underlying foundation of phenomena and observable facts, without any particular application or use in view. Applied research is also original investigation undertaken in order to acquire new knowledge, but it is conducted to solve practical problems or objectives. (Added by Stats. 2005, Ch. 176, Sec. 2. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6025.4. (a) Notwithstanding Section 597u of the Penal Code, carbon monoxide may be used for the control of burrowing rodent pests, provided the following conditions are met: (1) The carbon monoxide delivery device shall be permanently affixed with a warning label in plain view of the operator that includes, at a minimum, the following information: DANGER: Carbon monoxide is a poisonous gas that is odorless and colorless. Exposure to carbon monoxide can kill within minutes. Never use in structures inhabited by humans or livestock. The device must be used in accordance with all javascript:submitCodesValues('6025.2.','5.1.11.6','2005','176','1',%20'id 169d9180-6d2a-11da-aa07-ec2667125fc1') javascript:submitCodesValues('6025.3.','5.1.11.6','2005','176','2',%20'id 16ddf5e2-6d2a-11da-aa07-ec2667125fc1') javascript:submitCodesValues('6025.4.','5.1.11.6','2017','112','1',%20'id f8f2b78e-dac8-11e7-8ae0-bddf6e708bba') 16 existing laws and regulations including Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code. (2) The use of carbon monoxide is subject to the requirements of Chapter 1.5 (commencing with Section 2050) of Division 3 of, known as the California Endangered Species Act, and Sections 4002 and 4003 of, the Fish and Game Code, and the requirements of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500). (b) This section shall remain in effect only until January 1, 2023, and as of that date is repealed. (Amended by Stats. 2017, Ch. 112, Sec. 1. (AB 1126) Effective January 1, 2018. Repealed as of January 1, 2023, by its own provisions.) 6025.5. (a) The secretary shall establish and administer a research program to control vertebrate pests that pose a significant threat to the welfare of the state’s agricultural economy, infrastructure, and the public. (b) The specific purposes of the program include all of the following: (1) The investigation of effective and economical alternative materials for the control of vertebrate pests, including carbon monoxide to control burrowing rodent pests. (2) The solicitation and consideration of research proposals for alternative humane methods of control. (3) The continuation of current vertebrate pest control product registration at the state level until alternative products are developed that prove to be effective and economical. (4) The funding of research for the development of scientific data to fulfill registration requirements. (5) Cooperation with the United States Department of Agriculture in funding research programs to maintain, develop, and register vertebrate pest control materials used in this state. (Amended by Stats. 2011, Ch. 407, Sec. 3. (AB 634) Effective January 1, 2012. Repealed as of January 1, 2026, pursuant to Section 6029.) 6026. The secretary shall establish the Vertebrate Pest Control Research Advisory Committee consisting of the following members, appointed by the secretary, to serve at the pleasure of the secretary: (a) One representative of the department. (b) One representative of the California Agricultural Commissioners and Sealers Association. (c) Five representatives of the agricultural industry representing affected commodities. javascript:submitCodesValues('6025.5.','5.1.11.6','2011','407','3',%20'id b81dfda2-29e8-11e1-bf04-bc76aca25ab5') javascript:submitCodesValues('6026.','5.1.11.6','2005','176','4',%20'id 17dd1666-6d2a-11da-aa07-ec2667125fc1') 17 (d) One representative of the University of California. (e) One representative of the California State University. (f) One representative of the State Department of Health Services. (g) One representative of the general public, with consideration given to a person with expertise in animal welfare. (Amended by Stats. 2005, Ch. 176, Sec. 4. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6026.5. On or before December 31 of each year, the committee shall recommend to the secretary priorities for conducting various vertebrate pest control research projects and the amount of the assessment necessary to carry out those research projects. (Amended by Stats. 2005, Ch. 176, Sec. 5. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6027. There is hereby created the Vertebrate Pest Control Research Account in the Department of Food and Agriculture Fund. Notwithstanding Section 13340 of the Government Code, the money in the account is continuously appropriated to the secretary for purposes of carrying out this article. Notwithstanding any other provision of law, the moneys in the account shall not be transferred to any other fund or encumbered or expended for any purpose other than as provided in this article. (Amended by Stats. 2005, Ch. 176, Sec. 6. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6027.1. Expenditure of funds pursuant to this article shall be limited to the following: (a) Reasonable administrative and operational expenses of the committee and the department, subject to the recommendation of an annual budget by the committee and approval by the secretary. (b) Federal and state regulatory fees for the continued registration of vertebrate pest control materials and the registration of new materials. (c) Basic and applied research as described in Section 6025.3. (d) Educational outreach on the subject of vertebrate pest control methods, including, but not limited to, the safe use of carbon monoxide to control burrowing rodent pests. (Amended by Stats. 2011, Ch. 407, Sec. 4. (AB 634) Effective January 1, 2012. Repealed as of January 1, 2026, pursuant to Section 6029.) javascript:submitCodesValues('6026.5.','5.1.11.6','2005','176','5',%20'id 181f9da8-6d2a-11da-aa07-ec2667125fc1') javascript:submitCodesValues('6027.','5.1.11.6','2005','176','6',%20'id 1860502a-6d2a-11da-aa07-ec2667125fc1') javascript:submitCodesValues('6027.1.','5.1.11.6','2011','407','4',%20'id be579e64-29e8-11e1-bf04-bc76aca25ab5') 18 6027.5. During the calendar year, each commissioner shall pay to the secretary a fee not to exceed fifty cents ($0.50) per pound of vertebrate pest control material sold, distributed, or applied by the county for vertebrate pest control purposes, less the amount necessary to recover the cost of complying with the provisions of this article, as determined by the secretary. No assessment shall be imposed on the sale or on the distribution of vertebrate pest control material by a county agricultural commissioner to another commissioner. Vertebrate pest control material registered by the secretary may only be sold or distributed by a county agricultural commissioner or as authorized by the secretary. The secretary may set a different level of assessment in the amount necessary to provide revenue for the vertebrate pest control research projects carried out pursuant to this article only if the secretary, at a minimum, has consulted with the Vertebrate Pest Control Research Advisory Committee. The new level of assessment may only commence at the beginning of the subsequent calendar year. However, the assessment shall not exceed one dollar ($1) per pound of vertebrate control material sold, distributed, or applied by the county for vertebrate pest control purposes. To assist the advisory committee in making its recommendations, the department shall submit a progress report to the members of the advisory committee at least 30 days prior to each meeting of the advisory committee. The report shall include, but is not limited to, data on research that has been, or is proposed to be, conducted and statements regarding the necessity for that research. This section does not preclude the department from preparing and distributing additional reports that may be requested by the advisory committee. (Amended by Stats. 2005, Ch. 176, Sec. 7.5. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6028. The assessment payments required pursuant to Section 6027.5, together with a report of the amount of vertebrate pest control materials sold, distributed, or applied during the previous six-month period, shall be made biannually by each commissioner to the secretary within one calendar month after June 30 and December 31 of each year. (Amended by Stats. 2005, Ch. 176, Sec. 8. Effective January 1, 2006. Repealed as of January 1, 2026, pursuant to Section 6029.) 6029. Except as specified in Section 6025.4, this article shall remain in effect only until January 1, 2026, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 2026, deletes or extends that date. (Amended by Stats. 2015, Ch. 372, Sec. 1. (AB 751) Effective January 1, 2016. Repealed as of January 1, 2026, by its own provisions. Note: Repeal affects Article 6.5, commencing with Section 6025. Exception: Section 6025.4 is repealed on January 1, 2023.) javascript:submitCodesValues('6027.5.','5.1.11.6','2005','176','7.5',%20'id 18e33bce-6d2a-11da-aa07-ec2667125fc1') javascript:submitCodesValues('6028.','5.1.11.6','2005','176','8',%20'id 1923a030-6d2a-11da-aa07-ec2667125fc1') javascript:submitCodesValues('6029.','5.1.11.6','2015','372','1',%20'id 1bb6776d-aa95-11e5-828e-dfe62b045024') 19 ARTICLE 7. Beet Leafhopper Control [6031 - 6043] ( Article 7 added by Stats. 1970, Ch. 1017. ) 6031. The necessity of controlling beet leafhopper, the only known vector of the curly top virus, is recognized by the Legislature as being in the public benefit. The state’s agricultural business economy could be seriously damaged if measures are not continued to prevent the transmittal of curly top virus by this insect. Since the control program primarily is carried on in uncultivated areas, involving both private and public lands, often far removed from the areas receiving benefits, it is necessary for a state agency to take primary responsibility. The Legislature therefore supports a program jointly funded by industry and public funds whereby protection is provided to both home gardens and commercial crops. (Added by Stats. 1970, Ch. 1017.) 6032. As used in this article “handler” means any person that engages in the operation of selling, marketing, or processing any of the crops vulnerable to damage from curly top virus, as covered by this chapter, which he or she has purchased, or acquired from a producer or which he or she is marketing, selling or processing on behalf of a producer, whether as owner, agent, employee, broker, or otherwise. A producer handler is a producer who operates as a handler as to any such crop produced by him or her. Every producer or producer-handler of agricultural crops susceptible to curly top virus as determined by the secretary, may include, but is not limited to, tomatoes, sugar beets, melons, beans, cucumbers, spinach, and peppers shall pay to the department an assessment on all those crops sold or delivered by him or her to a handler or, in the case of a producer-handler, on those crops marketed by the producer-handler. The full amount of the assessment shall be collected from the producer by the handler at the point and time that the crop is purchased or received by the handler as provided by regulations of the secretary. (Amended by Stats. 2003, Ch. 685, Sec. 1. Effective January 1, 2004.) 6033. Except as otherwise provided in this article, the assessment collected from producers by handlers or due from producer-handlers shall be paid by the handlers or producer-handlers to the secretary as provided by regulations of the secretary. (Amended by Stats. 1994, Ch. 508, Sec. 2. Effective January 1, 1995.) 6033.5. (a) Any assessment that is imposed on the producer pursuant to this article is a personal debt of the producer. javascript:submitCodesValues('6031.','5.1.11.7','1970','1017','',%20'id 387c5eb7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6032.','5.1.11.7','2003','685','1',%20'id 387c5eb9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6033.','5.1.11.7','1994','508','2',%20'id 387c5ebb-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6033.5.','5.1.11.7','1994','508','3',%20'id 387c5ebd-291f-11d9-9fa8-93d6a7ed919f') 20 (b) Every handler or producer-handler is personally liable for the payment of the assessment. The failure of the handler or producer-handler to collect the assessment does not exempt the handler or producer-handler from liability, and does not relieve the producer from the obligation to pay the assessment. (c) Any producer, handler, or producer-handler who fails to file a return or pay the assessment or otherwise comply with Section 6033 shall pay a penalty of 10 percent of the amount of the assessment determined to be due, and, in addition, shall pay 1.5 percent interest per month on the unpaid balance of the assessment and the penalty. (Added by Stats. 1994, Ch. 508, Sec. 3. Effective January 1, 1995.) 6034. For the purpose of assessment, the following districts are established: District I, Imperial and Riverside Counties; District II, Kern, Kings, Tulare, Fresno, Madera, Merced, Stanislaus, and San Joaquin Counties, and that portion of Los Angeles County lying north of the San Gabriel Mountains; District III, Sacramento, Solano, Yolo, Placer, Sutter, Yuba, Colusa, Butte, and Glenn Counties; District IV, Alameda, Contra Costa, Monterey, San Benito, San Luis Obispo, Santa Clara, Santa Cruz, and Santa Barbara Counties; additional areas of the state may be established in districts by regulation of the secretary if the secretary finds crops in any such district are subject to damage from curly top virus and that any such district is necessary to accomplish the purposes of this article. (Amended by Stats. 1994, Ch. 508, Sec. 4. Effective January 1, 1995.) 6035. The secretary may establish the rate of assessment by district and crop and may adjust the assessment rate from time to time, whenever necessary as provided in Section 6036. (Amended by Stats. 1994, Ch. 508, Sec. 5. Effective January 1, 1995.) 6036. The assessment rate may vary from district to district and from crop to crop based on the degree of vulnerability to damage from curly top virus experienced by those crops in those districts. The rates may also vary in accordance with the protection afforded to those crops in those districts. Any rate or rates established shall be set by regulation. The assessments shall be in total amount sufficient to reimburse the secretary, and whenever feasible, shall not exceed 65 percent of the expenditure by the department in carrying out the beet leafhopper control program. (Amended by Stats. 1994, Ch. 508, Sec. 6. Effective January 1, 1995.) javascript:submitCodesValues('6034.','5.1.11.7','1994','508','4',%20'id 387de55f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6035.','5.1.11.7','1994','508','5',%20'id 387de561-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6036.','5.1.11.7','1994','508','6',%20'id 387de563-291f-11d9-9fa8-93d6a7ed919f') 21 6037. Any money which is received by the director pursuant to this article shall be deposited in the Department of Food and Agriculture Fund to be used for the administration and enforcement of this article. (Amended by Stats. 1982, Ch. 454, Sec. 27.) 6038. The director may receive moneys from other sources for this program, which shall be deposited into the Department of Food and Agriculture Fund and used to carry out the purposes of this article. (Amended by Stats. 1982, Ch. 454, Sec. 28.) 6039. The secretary shall appoint a Curly Top Virus Control Board consisting of nine members. The membership shall consist of at least one representative of each of the primary crop commodities assessed and shall include representation from each of the districts assessed. The secretary may appoint one additional member on the board, who shall be a public member. The secretary shall appoint one member of the board to serve as chairperson. Upon the secretary’s request, the board shall submit to the secretary the names of three or more natural persons, each of whom shall be a citizen and resident of this state and not a producer, shipper, or processor or financially interested in any producer, shipper, or processor, for appointment by the secretary as a public member of the board. The secretary may appoint one of the nominees as the public member on the board. If all nominees are unsatisfactory to the secretary, the board shall continue to submit lists of nominees until the secretary has made a selection. Any vacancy in the office of the public member of the board shall be filled by appointment by the secretary from the nominee or nominees similarly qualified submitted by the board. The public member of the board shall represent the interests of the general public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board. (Amended by Stats. 1994, Ch. 508, Sec. 7. Effective January 1, 1995.) 6039.5. It is hereby declared, as a matter of legislative determination, that persons appointed to the Curly Top Virus Control Board pursuant to Section 6039 are intended to represent and further the interest of a particular agricultural industry concerned, and that such representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to such board, the particular agricultural industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. javascript:submitCodesValues('6037.','5.1.11.7','1982','454','27',%20'id 3880f2a5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6038.','5.1.11.7','1982','454','28',%20'id 3880f2a7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6039.','5.1.11.7','1994','508','7',%20'id 3880f2a9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6039.5.','5.1.11.7','1976','1429','',%20'id 3880f2ab-291f-11d9-9fa8-93d6a7ed919f') 22 (Added by Stats. 1976, Ch. 1429.) 6040. Board members shall serve at the pleasure of the secretary. (Amended by Stats. 1994, Ch. 508, Sec. 8. Effective January 1, 1995.) 6041. (a) Except as provided in subdivision (b), the board shall be advisory to the secretary and may make recommendations on all matters pertaining to this article including, but not limited to, the annual budget, the adoption, modification, and repeal of regulations and procedures, the use of funds for research, and necessary assessments required to accomplish the purposes of this article as provided in Section 6031. (b) The secretary shall accept the recommendations of the board if the secretary determines that the recommendations are practicable and in the interest of the industry and the public. The secretary, within 30 days of the decision, shall provide the board with a written statement of reasons for his or her decision if the secretary does not accept a recommendation of the board. (Amended by Stats. 1994, Ch. 508, Sec. 9. Effective January 1, 1995.) 6042. The board shall meet at the call of its chairman or the secretary or at the request of any three members of the board. The board shall meet at least once a year. Members of the board shall be allowed per diem and mileage in accordance with rules of the Department of Human Resources for attendance at meetings and other board activities authorized by the board and approved by the secretary. (Amended by Stats. 2012, Ch. 665, Sec. 16. (SB 1308) Effective January 1, 2013.) 6043. Upon termination of this article, any remaining funds received pursuant to this article shall be refunded on a pro rata basis to all persons from whom assessments were collected during the 12-month period preceding the date of termination, unless the secretary finds the amounts so returnable are so small as to make impractical computation and remitting of refunds. If the secretary makes such a finding, the funds may be used for beet leafhopper control or research activities. (Amended by Stats. 1994, Ch. 508, Sec. 11. Effective January 1, 1995.) javascript:submitCodesValues('6040.','5.1.11.7','1994','508','8',%20'id 3882794d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6041.','5.1.11.7','1994','508','9',%20'id 3882794f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6042.','5.1.11.7','2012','665','16',%20'id 43a47bdc-4596-11e2-9423-da81a64fbdb4') javascript:submitCodesValues('6043.','5.1.11.7','1994','508','11',%20'id 38827953-291f-11d9-9fa8-93d6a7ed919f') 23 ARTICLE 8. Pierce’s Disease [6045 - 6047] ( Article 8 added by Stats. 2000, Ch. 21, Sec. 1. ) 6045. (a) The Legislature finds and declares that the plant killing bacterium, Xyella Fastidiosa, and the resulting pathogen, Pierce’s disease, and its vectors present a clear and present danger to California’s sixty-billion-dollar grape industry, as well as to many other commodities and plant life. (b) There exists an ongoing need for at least fifteen million dollars ($15,000,000) annually in research and programs to combat Pierce’s disease and its vectors in California. (Amended by Stats. 2015, Ch. 303, Sec. 171. (AB 731) Effective January 1, 2016. Inoperative March 1, 2021. Repealed as of January 1, 2022, pursuant to Section 6046.) 6046. (a) There is hereby created in the department the Pierce’s Disease Control Program. (b) The Governor shall appoint a statewide coordinator, and the secretary shall provide an appropriate level of support staffing and logistical support for combating Pierce’s disease and its vectors. (c) (1) There is hereby created the Pierce’s Disease Management Account in the Food and Agriculture Fund. (2) The account shall consist of money transferred from the General Fund and money made available from federal, industry, and other sources. Money made available from federal, industry, and other sources shall be available for expenditure without regard to fiscal year for the purpose of combating Pierce’s disease or its vectors and for the purpose described in Section 6047.30. State general funds to be utilized for research shall be expended only when the secretary has received commitments from nonstate sources for at least a 25-percent match for each state dollar to be expended. (d) The funds appropriated pursuant to this section to the Food and Agriculture Fund for the purpose of combating Pierce’s disease and its vectors shall be used for costs that are incurred by the state or by local entities during and subsequent to the fiscal year of the act that added this section for the purpose of research and other efforts to combat Pierce’s disease and its vectors. (e) Whenever, in any county, funds are allocated by the department for local assistance regarding Pierce’s disease and its vectors, those funds shall be made available to a local public entity, or local public entities, designated by that county’s board of supervisors. (f) Funds appropriated for local assistance shall not be allocated to the local public entity until the local public entity creates a Pierce’s disease work plan that is approved by the department. Any funds allocated by the department to a designated local public entity shall be utilized for activities consistent with the local Pierce’s disease work plan or other programs or work plans approved by the department. It shall be the responsibility of the designated local public entity to develop and implement the local Pierce’s disease work plan. Upon request, the javascript:submitCodesValues('6045.','5.1.11.8','2015','303','171',%20'id 1f8a89df-aa95-11e5-828e-dfe62b045024') javascript:submitCodesValues('6046.','5.1.11.8','2014','231','2',%20'id 9febb2d9-89fe-11e4-9682-f79e86bab932') 24 department shall provide consultation to the local public entity regarding its work plan. (g) The work plan created by the designated local public entity shall include, but is not limited to, all of the following: (1) In coordination with the department, the development and delivery of producer outreach information and training to local communities, groups, and individuals to organize their involvement with the work plan and to raise awareness regarding Pierce’s disease and its vectors. (2) In coordination with the department, the development and delivery of ongoing training of the designated local public entity’s employees in the biology, survey, and treatment of Pierce’s disease and its vectors. (3) The identification within the designated local public entity of a local Pierce’s disease coordinator. (4) The proposed treatment of Pierce’s disease and its vectors. Treatment programs shall comply with all applicable laws and regulations and shall be conducted in an environmentally responsible manner. (5) In coordination with the department, the development and implementation of a data collection system to track and report new infestations of Pierce’s disease and its vectors in a manner respectful of property and other rights of those affected. (6) On an annual basis, while funds appropriated by this section are available for encumbrance, the department shall review the progress of each local public entity’s activities regarding Pierce’s disease and its vectors and, as needed, make recommendations regarding those activities to the local public entity. (h) (1) The department shall report to the Legislature each January 1 while this section is operative, regarding its expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors in California. (2) A report submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (i) This article shall become inoperative on March 1, 2021, and as of January 1, 2022, is repealed, unless a later enacted statute that is enacted before January 1, 2022, deletes or extends the dates on which it becomes inoperative and is repealed. (Amended by Stats. 2014, Ch. 231, Sec. 2. (AB 1642) Effective January 1, 2015. Inoperative March 1, 2021. Repealed as of January 1, 2022, by its own provisions. Note: Termination clause affects Article 8, comprising Sections 6045 to 6047.) 6047. The secretary may establish, maintain, and enforce regulations consistent with the intent of the Legislature as expressed in this article as may be necessary to interpret, clarify, or implement this article. This authority shall be liberally construed to effectuate the intent of this article. (Added by Stats. 2000, Ch. 21, Sec. 1. Effective May 19, 2000. Inoperative March 1, 2021. Repealed as of January 1, 2022, pursuant to Section 6046.) javascript:submitCodesValues('6047.','5.1.11.8','2000','21','1',%20'id 3883fffb-291f-11d9-9fa8-93d6a7ed919f') 25 ARTICLE 8.5. Pierce’s Disease and the Glassy-winged Sharpshooter [6047.1 - 6047.30] ( Article 8.5 added by Stats. 2001, Ch. 103, Sec. 3. ) 6047.1. The Legislature finds and declares the following: (a) The state’s agricultural business economy could be seriously damaged if measures are not taken to prevent the transmittal of the plant killing bacterium that causes Pierce’s disease and to contain its vectors, particularly the glassy winged sharpshooter, and if measures are not taken to prevent or inhibit infestations by other designated pests and diseases. Furthermore, progress made by winegrape growers and others in the adoption of integrated pest management and sustainable farming practices is threatened by these destructive pests and diseases. (b) The funding to accomplish the purposes of this article shall be derived from an assessment on all grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy. (c) This article is not intended to establish a precedent, or to supersede, or to reduce or in any way alter government funding of the effort to combat Pierce’s disease and other pests in this state. (d) The purposes of this article are enhanced by the many and varied efforts of other agricultural commodities’ industries to combat this bacterium and its vectors and other designated pests and diseases. (e) This article is enacted for the protection of the winegrape industry and is also declared to be enacted in the public interest and in the exercise of the police power of the state for the purpose of protecting the health, peace, safety, and general welfare of the people of this state. (f) The assessments shall be collected and expended for purposes consistent with Sections 6046 and 6047.30. (Amended by Stats. 2009, Ch. 325, Sec. 2. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.2. For the purposes of this article, the following definitions shall govern its construction: (a) “Board” means the Pierce’s Disease and Glassy-winged Sharpshooter Board. (b) “Department” means the Department of Food and Agriculture. (c) “Marketing season” begins July 1 of each year and ends June 30 of the next year. (d) “Producer” means a grower, including a cooperative, of grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy. (e) “Processor” means a processor who crushes grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy. (f) “Person” means a producer, processor, or any other entity that holds title to grapes subject to assessment. (g) “Purchase” means the taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in javascript:submitCodesValues('6047.1.','5.1.11.9','2009','325','2',%20'id 6b9ad3d2-ed57-11de-943b-bf00c6137615') javascript:submitCodesValues('6047.2.','5.1.11.9','2009','325','3',%20'id 726a7308-ed57-11de-943b-bf00c6137615') 26 property. For purposes of this subdivision, “sale” shall consist of the passing of title from the seller to the buyer for a price. (h) “Purchased grapes” means grapes grown in California, crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, and purchased from a person considered a separate entity from the purchaser. (i) “Grapes not purchased” means all other grapes grown in California and crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, including, but not limited to, the following: (1) Grapes grown by a person who is not considered a separate entity from the processor or who is a member of the processor cooperative. (2) Grapes not purchased and crushed to the account of a person who retains ownership of the grapes. (j) “Secretary” means the Secretary of Food and Agriculture. (k) “Other designated pests and diseases” means pests and diseases designated by the secretary as provided in Section 6047.30. (Amended by Stats. 2009, Ch. 325, Sec. 3. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.3. (a) Within 90 days after the effective date of this section, the secretary shall create in the department the Pierce’s Disease and Glassy-winged Sharpshooter Board, which shall consist of at least 14, but not more than 15 members, of which eight shall be representatives of producers who are not also processors and six shall be representatives of processors who are also producers. (b) The secretary shall appoint the members of the board from recommendations received from the industry. In making the appointments, the secretary shall select no more than one person from a producer or processor entity and shall ensure that there is representation on the board from each of the major grape production areas in the state. (c) The secretary may appoint one additional member to the board, from nominees received from the board, who shall serve as the public member. The public member shall represent the interests of the public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board. (d) The secretary and other appropriate individuals, as determined by the board, shall be nonvoting ex officio members of the board. (e) It is hereby declared, as a matter of legislative determination, that persons appointed to the board are intended to represent and further the interests of the industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the board, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code. (Amended by Stats. 2004, Ch. 485, Sec. 3. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) javascript:submitCodesValues('6047.3.','5.1.11.9','2004','485','3',%20'id 38870d43-291f-11d9-9fa8-93d6a7ed919f') 27 6047.3.5. Notwithstanding any other provision of law, the secretary, upon the recommendation of the board, may contract with any nonprofit authoritative scientific body with expertise in agricultural issues in order to expedite research relating to the eradication of Pierce’s disease. (Added by renumbering Section 6047.35 by Stats. 2005, Ch. 12, Sec. 3. Effective June 9, 2005. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.4. (a) The powers of the board shall be the following: (1) Submit recommendations to the secretary on, but not limited to, the following: (A) Selection of officers. (B) Terms of office for board members. (C) Annual assessment rate. (D) Annual budget. (E) Expenditures authorized under Sections 6047.5 and 6047.30. (2) Receive money from the assessment and other sources. (3) Adopt, amend, and rescind all proper and necessary bylaws and procedures. (4) Coordinate its activities with the secretary’s science advisory board and agricultural/governmental advisory task force. (b) A majority of the members of the board shall constitute a quorum of the board. The vote of a majority of the members present at a meeting at which there is a quorum constitutes an act of the board, except for actions taken pursuant to subdivision (a) of Section 6047.7, which shall require a majority of the vote of the board. The board may continue to transact business at a meeting where a quorum is initially present, notwithstanding the withdrawal of members, provided any action is approved by the requisite majority of the required quorum. (c) As authorized by the board, members of the board may receive per diem and mileage in accordance with the rules of the Department of Human Resources for attendance at meetings and other approved board activities. (Amended by Stats. 2012, Ch. 665, Sec. 17. (SB 1308) Effective January 1, 2013. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.5. (a) Expenditure of the funds pursuant to this article shall be restricted to the following: (1) Reasonable administrative expenses of the board and the department, subject to the limitation in Section 6047.12. (2) The collection, enforcement, deposit, and handling of the assessments. (3) Notwithstanding Section 6047.12, costs to conduct a referendum. (4) Subject to subdivision (d) of Section 6047.1, research and other activities related to the transmittal of the plant killing Pierce’s disease bacterium and its javascript:submitCodesValues('6047.3.5.','5.1.11.9','2005','12','3',%20'id 80accd3c-edd7-11d9-8fb8-b564cc60346f') javascript:submitCodesValues('6047.4.','5.1.11.9','2012','665','17',%20'id 475d652e-4596-11e2-9423-da81a64fbdb4') javascript:submitCodesValues('6047.5.','5.1.11.9','2004','485','6',%20'id 388893e9-291f-11d9-9fa8-93d6a7ed919f') 28 vectors, particularly the glassy-winged sharpshooter, including, but not limited to, research of integrated pest management and other sustainable industry practices. The disbursement of research funds collected pursuant to Section 6047.7 shall be on a competitive bid basis, shall be exempt from the requirements of Sections 12798 and 12798.6, and may be encumbered with existing resources beyond the termination date of this statute. (b) Except as provided in subdivision (c), data and related information and materials produced during the course of research conducted pursuant to this article that are in the possession of the department, the board, or any entity engaged in research funded pursuant to this article, shall be confidential and shall not 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 this article. (c) The restrictions in this section shall not apply to research conducted by the University of California or by other public agencies or public institutions that are subject to interagency agreements, except to the extent that they are consistent with policies of the entity engaged in research funded pursuant to this article on sponsored research and publication, which may allow for, among other things, a short period of review by the board in advance of publication. (d) Processors subject to this article and expenditure of the funds collected pursuant to this article are subject to audit by the department. (Amended by Stats. 2004, Ch. 485, Sec. 6. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.6. The secretary shall accept the recommendations of the board unless he or she determines that the recommendations are not practicable or in the interest of the industry or the public. The secretary shall provide the board with the reasons for his or her decision within 15 days if the secretary does not accept a recommendation of the board. (Amended by Stats. 2002, Ch. 741, Sec. 4. Effective September 20, 2002. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.7. (a) During the first marketing season, beginning July 1, 2001, and ending June 30, 2002, the annual assessment shall be three dollars ($3) for each one thousand dollars ($1,000) assessed pursuant to Section 6047.9 for all grapes subject to assessment under this article. The department shall notify each processor of the established assessment as soon as practicable. For each marketing season thereafter, the following shall apply: (1) An annual assessment shall be recommended by the board and submitted to the secretary for approval in an amount not to exceed three dollars ($3) for each one thousand dollars ($1,000) assessed pursuant to Section 6047.9 for all grapes subject to assessment under this article. javascript:submitCodesValues('6047.6.','5.1.11.9','2002','741','4',%20'id 388893eb-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.7.','5.1.11.9','2014','231','3',%20'id b81a3085-89fe-11e4-9682-f79e86bab932') 29 (2) The department shall notify each processor of the established assessment rate by July 15, or as soon thereafter as possible. (b) In no event shall there be an assessment on the following: (1) Material other than grapes, and defects, or other weight adjustments deducted from the gross weight ticket. (2) Any raisin-distilling material. (3) Grapes for which an assessment has been withheld, paid, or is already owed. (Amended by Stats. 2014, Ch. 231, Sec. 3. (AB 1642) Effective January 1, 2015. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.8. (a) The assessment is the obligation of the producer. (b) For purchased grapes, the processor who purchases the grapes shall act on behalf of the person from whom the grapes were purchased in collecting and remitting the assessment, shall deduct the assessment from moneys owed by the processor, and shall pay the assessment as provided in this article. (c) For grapes not purchased, the processor who crushes the grapes shall do the following: (1) Charge the person who retains ownership of the grapes the assessment and pay the assessment as provided in this article. (2) Be responsible for the remittance of the assessment for the crushing of grapes from persons not considered a separate entity from the processor. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.9. (a) For purposes of calculating the amount to be collected by the processor for purchased grapes, the assessment shall be based on the gross dollar value of the grapes, which is the gross dollar amount payable for the grapes before any deductions for governmental assessments and fees. (b) For purposes of calculating the assessment for grapes not purchased, the assessment shall be based on the following: (1) The tonnage of grapes delivered less material other than grapes and defects or other weight adjustments deducted from gross weight. (2) The weighted average price per ton delivered basis purchased from all nonrelated sources for wine, concentrate, juice, wine vinegar, and beverage brandy by processors, by type, variety, and reporting district where grown for the grapes delivered, sources as reported by the secretary pursuant to Section 55601.5 for the immediately preceding marketing season. (Amended by Stats. 2015, Ch. 303, Sec. 172. (AB 731) Effective January 1, 2016. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) javascript:submitCodesValues('6047.8.','5.1.11.9','2001','103','3',%20'id 388893ef-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.9.','5.1.11.9','2015','303','172',%20'id 22e7bea1-aa95-11e5-828e-dfe62b045024') 30 6047.10. (a) All assessments payable under this article shall be remitted to the department no later than January 10 of each year. The department shall deposit the assessments remitted in the Department of Food and Agriculture Fund. (b) In no event shall any proprietary information specified in Section 6047.13 that is received by the department in collecting assessments be transferred to the board. (c) Processors shall not charge producers an administrative fee for collecting and remitting assessments. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.11. Any producer who disputes the amount of the assessment may file a claim with the department. The producer shall prove his or her claim by a preponderance of the evidence. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.12. (a) Expenditures charged by the department and the board for administrative purposes shall not exceed a total of 14 percent of the assessments collected pursuant to this article. Administrative purposes shall include, but not be limited to, all auditing expenses and all costs and attorney’s fees resulting from, or relating to, litigation involving this article against the department, or the board and its members and agents, and expenses associated with Section 6047.4 and paragraphs (1) and (2) of subdivision (a) of Section 6047.5. (b) Notwithstanding subdivision (a), the Joint Legislative Audit Committee and the State Auditor shall maintain independent authority to audit the expenditure of industry assessments. (Amended by Stats. 2010, Ch. 328, Sec. 73. (SB 1330) Effective January 1, 2011. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.13. (a) All proprietary information obtained by the board or the department from producers, processors, or any other source, including, but not limited to, the name, addresses, and assessments collected from individual producers and processors in the possession of the board or the department, including processors’ lists of their producers and the assessment of individual producers, is confidential and shall not 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 this article. javascript:submitCodesValues('6047.10.','5.1.11.9','2001','103','3',%20'id 388a1a93-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.11.','5.1.11.9','2001','103','3',%20'id 388a1a95-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.12.','5.1.11.9','2010','328','73',%20'id f4c4e392-156c-11e0-9477-defc54a20998') javascript:submitCodesValues('6047.13.','5.1.11.9','2005','12','1',%20'id 7f4f3908-edd7-11d9-8fb8-b564cc60346f') 31 (b) Disclosure, as permitted under this section, shall be conducted in camera by the court. (c) The court shall, in the court’s discretion, issue orders restraining a party or parties to a judicial proceeding involving this article from disseminating any proprietary information to the public or any other person not a party to that judicial proceeding. (Amended by Stats. 2005, Ch. 12, Sec. 1. Effective June 9, 2005. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.14. (a) The sole remedy against any producer who fails to pay the assessment and against any processor who fails to collect and remit assessments within the time required by the secretary shall be an action to collect the delinquent assessments and payment to the secretary a penalty of 10 percent of the amount of the assessment determined to be due and, in addition, payment to the secretary of 11/2 percent interest per month on the unpaid balance. (b) A producer may not bring any claim against a processor for damages, or otherwise, in connection with the assessment or the required deduction by the processor of the moneys owed to the producer as provided in this article. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.15. Upon termination of this article, and based upon a recommendation of the board subject to approval by the secretary, any collected assessments not required to defray financial obligations incurred pursuant to this article shall be returned on a pro rata basis to all persons from whom assessments were collected during the marketing season immediately preceding the date of termination or paid to any existing state or federal program engaged in disease prevention or research activities in the grape industry. The assessments refunded to processors shall be paid to producers if the assessment was previously deducted from moneys owed to the producer by the processor. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.16. No action in law or equity may be brought against any members or agent of the board, nor shall any member or agent of the board be personally liable for the actions of the board or the department. No member or agent of the board is responsible individually in any way to any other person for errors in judgment, mistakes, or other acts, either of commission or omission, as a principal, agent, or employee, except for his or her own individual acts of dishonesty or crime. No member or agent of the board, is responsible individually for an act or omission of javascript:submitCodesValues('6047.14.','5.1.11.9','2001','103','3',%20'id 388a1a9b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.15.','5.1.11.9','2001','103','3',%20'id 388a1a9d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.16.','5.1.11.9','2001','103','3',%20'id 388ba13f-291f-11d9-9fa8-93d6a7ed919f') 32 any other member or agent of the board, or the department. Liability is several and not joint, and no member or agent of the board is liable for the default of any other member or agent of the board, or the department. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.17. This article shall not be subject to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.18. This article shall be liberally construed. If any provision of this article or the application thereof to any person or circumstances is held to be invalid, the invalidity shall not affect other provisions or applications of the article which can be given effect without the invalid provision or application, and, to this end, the provisions of this article are severable. (Added by Stats. 2001, Ch. 103, Sec. 3. Effective July 25, 2001. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.19. (a) On or before December 31st of every other year, the secretary, after consultation with the board, shall report on the status of this article to the chairs of the policy and fiscal committees that have the appropriate subject matter jurisdiction in the Assembly and the Senate. (b) The report shall include a financial accounting, including the distribution of industry assessments and any unexpended amount on deposit, of the department’s efforts to contain Pierce’s disease and its vectors. (c) This article shall remain in effect only until March 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2021, deletes or extends that date. (Amended by Stats. 2014, Ch. 231, Sec. 5. (AB 1642) Effective January 1, 2015. Repealed as of March 1, 2021, pursuant to Section 6047.19. Note: Repeal affects Article 8.5, comprising Sections 6047.1 to 6047.30. See also repeal in Section 6047.29.) 6047.20. This article shall become inoperative, as of March 1, 2016, unless the secretary finds, in a referendum conducted by him or her, or a person designated by him or her, subsequent to the operative date of the amendments to this section adopted in 2014, that a favorable vote has been given pursuant to this article. javascript:submitCodesValues('6047.17.','5.1.11.9','2001','103','3',%20'id 388ba141-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.18.','5.1.11.9','2001','103','3',%20'id 388ba143-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.19.','5.1.11.9','2014','231','5',%20'id a3fcce4b-89fe-11e4-9682-f79e86bab932') javascript:submitCodesValues('6047.20.','5.1.11.9','2014','231','6',%20'id a806e4dd-89fe-11e4-9682-f79e86bab932') 33 (Amended by Stats. 2014, Ch. 231, Sec. 6. (AB 1642) Effective January 1, 2015. Repealed as of March 1, 2021, pursuant to Section 6047.19. Note: Except for Sections 6047.19 and 6047.29, the inoperation clause in this section applies to Article 8.5, comprising Sections 6047.1 to 6047.30.) 6047.21. (a) No later than April 15, 2015, the secretary shall establish a list of those persons eligible to vote on the continued implementation of this article. (b) Eligibility shall be limited to the producers, processors, and persons who paid the assessment on grapes crushed in the immediately preceding season. (c) (1) In establishing the list, the secretary may require processors, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid the assessment on grapes crushed in the immediately preceding marketing season. (2) The information required by the secretary shall be filed either with the annual assessment report or no later than 30 days following receipt of a written notice from the secretary requesting the information. (d) Any producer whose name does not appear on the secretary’s list may have his or her name added to the list by filing with the secretary a signed statement identifying himself or herself as a producer that paid an assessment during the most recent marketing season. (Amended by Stats. 2014, Ch. 231, Sec. 7. (AB 1642) Effective January 1, 2015. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.22. For the purpose of voting in the referendum required in Section 6047.20, only a person required to pay the assessment pursuant to Section 6047.8 shall have the right to vote. (Added by Stats. 2004, Ch. 485, Sec. 11. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.23. In determining whether this article shall become inoperative, the secretary shall find that at least 40 percent of the total number of persons from the list established by the secretary participated in the referendum, and that either one of the following occurred: (a) 65 percent or more of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid a majority of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum. (b) A majority of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid 65 percent or more of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum. javascript:submitCodesValues('6047.21.','5.1.11.9','2014','231','7',%20'id abf5f95f-89fe-11e4-9682-f79e86bab932') javascript:submitCodesValues('6047.22.','5.1.11.9','2004','485','11',%20'id 388d27eb-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.23.','5.1.11.9','2004','485','12',%20'id 388d27ed-291f-11d9-9fa8-93d6a7ed919f') 34 (Added by Stats. 2004, Ch. 485, Sec. 12. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.24. In determining whether the referendum is approved by producers pursuant to the provisions of this article, the secretary shall consider the vote in favor of the referendum of any nonprofit agricultural cooperative marketing association, which is authorized by its members so to assent, as being the assent, approval, or favor of the producers that are members of, or stockholders in, that nonprofit agricultural cooperative marketing association. (Added by Stats. 2004, Ch. 485, Sec. 13. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.25. The secretary shall establish a period in which to conduct the referendum that shall not be less than 10 days nor more than 60 days in duration. The secretary may prescribe additional procedures to conduct the referendum. If the initial period established is less than 60 days, the secretary may extend the period. However, the total referendum period may not exceed 60 days. (Added by Stats. 2004, Ch. 485, Sec. 13.5. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.26. Nonreceipt of a ballot shall not invalidate a referendum. (Added by Stats. 2004, Ch. 485, Sec. 14. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.27. (a) If the secretary finds that a favorable vote as provided in this article has not been given subsequent to the operative date of the amendments to this section adopted in 2014, this article shall become inoperative as of March 1, 2016. (b) If the secretary finds that a favorable vote has been given as provided in this article, he or she shall certify and give notice of the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 6047.21. (Amended by Stats. 2014, Ch. 231, Sec. 8. (AB 1642) Effective January 1, 2015. Repealed as of March 1, 2021, pursuant to Section 6047.19. Note: Except for Sections 6047.19 and 6047.29, the inoperation clause in subd. (a) applies to Article 8.5, comprising Sections 6047.1 to 6047.30.) 6047.28. (a) The provisions of this article are severable. javascript:submitCodesValues('6047.24.','5.1.11.9','2004','485','13',%20'id 388d27ef-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.25.','5.1.11.9','2004','485','13.5',%20'id 388d27f1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.26.','5.1.11.9','2004','485','14',%20'id 388d27f3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.27.','5.1.11.9','2014','231','8',%20'id b00762f1-89fe-11e4-9682-f79e86bab932') javascript:submitCodesValues('6047.28.','5.1.11.9','2004','485','16',%20'id 388eae97-291f-11d9-9fa8-93d6a7ed919f') 35 (b) If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2004, Ch. 485, Sec. 16. Effective September 10, 2004. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) 6047.29. (a) The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural representatives, for the purpose of advising the secretary on the control and management of Pierce’s disease. (b) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties. (c) Notwithstanding Sections 6047.20 and 6047.27, this section shall remain in effect until March 1, 2021, and as of that date is repealed, unless a later enacted statute, that is enacted before March 1, 2021, deletes or extends that date. (Amended by Stats. 2014, Ch. 231, Sec. 9. (AB 1642) Effective January 1, 2015. Repealed as of March 1, 2021, by its own provisions.) 6047.30. (a) The board may, after consulting with the advisory task force and upon making findings as described in this section, recommend to the secretary, and the secretary may determine, that a pest or disease affecting grapes grown in California and crushed for wine, wine vinegar, juice, concentrate, or beverage brandy be designated as an other designated pest or disease, and that money should be expended on research and outreach programs for purposes consistent with Sections 6046 and 6047.1 relating to the other designated pest or disease. However, no General Fund moneys shall be expended after March 1, 2011, on new research and outreach programs relating to other designated pests or diseases. (b) The board’s findings in support of a recommendation under this section shall include all of the following: (1) The pest or disease would adversely affect the health of grape vines, the yield from grape vines, or the quality of grapes grown on the vines if the pest or disease becomes established in California or expands to new areas of the state. (2) The pest or disease would significantly damage the state’s agricultural business economy if allowed to become established in California or expand to new areas of the state. (3) Significant portions of the grape producing areas of the state are now affected, or reasonably likely to be adversely affected in the future, by the spread of the pest or disease. (4) Expenditures of money approved by the secretary based on the findings and recommendations described in this section will not, to a substantial degree, diminish any expenditures under Article 8 (commencing with Section 6045) or this javascript:submitCodesValues('6047.29.','5.1.11.9','2014','231','9',%20'id b412d913-89fe-11e4-9682-f79e86bab932') javascript:submitCodesValues('6047.30.','5.1.11.9','2009','325','11',%20'id 4e6038e2-ed57-11de-943b-bf00c6137615') 36 article on Pierce’s disease and its vectors, particularly the glassy-winged sharpshooter, research, work plans, and program activities. (5) Scientific experts, including, but not limited to, university researchers, entomologists, plant pathologists, economists, and other agricultural representatives have provided information and advice in support of the findings described in paragraphs (1), (2), (3), and (4). For purposes of this paragraph, it is not required that all scientific experts consulted by the board agree or provide similar advice. (Added by Stats. 2009, Ch. 325, Sec. 11. (SB 2) Effective January 1, 2010. Conditionally inoperative on March 1, 2016, as provided in Sections 6047.20 and 6047.27. Repealed as of March 1, 2021, pursuant to Section 6047.19.) ARTICLE 8.7. Table Grape Pest and Disease District [6047.60 - 6047.124] ( Heading of Article 8.7 amended by Stats. 2004, Ch. 400, Sec. 1. ) 6047.60. The Legislature hereby finds and declares the following: (a) California is the leading producer of table grapes in the United States, accounting for 97 percent of table grapes grown in this country. (b) Table grapes are grown in 15 counties located throughout the state. (c) California grows more than 170,000 acres of table grapes producing over 700,000 tons of table grapes per year, valued at more than eight hundred sixty million dollars ($860,000,000) with a direct and indirect impact on the state’s economy that totals more than four billion dollars ($4,000,000,000). (d) The plant killing bacterium, Xylella fastidiosa, and the resulting plant disease known as Pierce’s disease, and its vectors, present a clear and present danger to California’s nearly three billion dollar ($3,000,000,000) grape industry, as well as to many other commodities and plant life. (e) Pierce’s disease and its vector the glassy-winged sharpshooter have spread into the southern San Joaquin Valley, which, if left unabated, places grapes and other commodities throughout California in immediate peril. (f) In addition to the research funds and program provisions set forth in Article 8 (commencing with Section 6045) of Chapter 9 of Part 1 of Division 4, dealing with wine grapes, the table grape industry is at substantial risk for Pierce’s disease and other pests and recognizes the need for additional specific control programs. (g) Additional programs may include field treatments similar to, or the expansion of, the successful United States Department of Agriculture and California Department of Food and Agriculture General Beale area pilot program in Kern County. The expansion of those programs may require industry assessments from the table grape industry through the creation of a pest abatement district. (h) The state has an interest in protecting its agricultural products from further destruction by the glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases. (i) As a known vector for Pierce’s disease, the glassy-winged sharpshooter has been determined to carry and spread Pierce’s disease to many forms of California agriculture, usually with complete destruction to the infected crop. This destructive effect of the disease has been determined by experts in the viticulture field to be javascript:submitCodesValues('6047.60.','5.1.11.10','2004','400','1.5',%20'id 3890353d-291f-11d9-9fa8-93d6a7ed919f') 37 especially true with respect to infected table grapes. To avoid a potentially catastrophic loss to one of California’s most important industries, the Legislature declares that this article is in the interest of the public health and welfare. (j) This article shall not establish a precedent for, or supercede, reduce, or in any way alter, government funding from any source related to Pierce’s disease and other designated pests and diseases in this state. (k) The Legislature further declares that it is in the interest of the public health and welfare that the districts authorized to be created by this article not duplicate existing services already being provided by the University of California, state, counties, or the county agricultural commissioners to eradicate the glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases. (Amended by Stats. 2004, Ch. 400, Sec. 1.5. Effective September 9, 2004.) 6047.61. This article shall be known and may be cited as the Table Grape Pest and Disease District Law. (Amended by Stats. 2004, Ch. 400, Sec. 2. Effective September 9, 2004.) 6047.62. (a) It is the purpose of this article to make available a procedure for the organization, operation, and dissolution of districts to respond to the effects of the spread of the glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases that attack table grape plants, and to collect and disseminate to table grape producers in the district all relevant information and scientific studies concerning the pest or pests, as well as to chart and determine the extent and location of any infestations. (b) Division 3 (commencing with Section 56000) of Title 5 of the Government Code does not apply to districts organized pursuant to this article. (Amended by Stats. 2004, Ch. 400, Sec. 2.5. Effective September 9, 2004.) 6047.63. Unless the context otherwise requires, the definitions in this section govern the construction of this article. (a) “Board” or “board of directors” means the board of directors of a district. (b) “District” means a table grape pest district organized pursuant to this article. (c) “Owner” includes joint owner, coowner, guardian, executor, administrator, or any other person that holds property in a trust capacity under court appointment. (d) “Pierce’s disease” is the disease of grapevines caused by the bacterium Xylella fastidiosa. (e) “Table grapes” means all table grape varieties specified in the report issued pursuant to Section 55601.5. “Table grapes” also means all raisin varieties specified in the report issued pursuant to Section 55601.5 that are intended to be marketed in their fresh form. javascript:submitCodesValues('6047.61.','5.1.11.10','2004','400','2',%20'id 3890353f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.62.','5.1.11.10','2004','400','2.5',%20'id 38903541-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.63.','5.1.11.10','2004','400','3',%20'id 3891bbe3-291f-11d9-9fa8-93d6a7ed919f') 38 (f) “Table grape acreage” means any parcel of real property with more than one acre of table grape plants. (g) “Grower” or “producer” means any person who is engaged within this state in the business of producing, or causing to be produced, table grapes for market. (h) “Other designated pests and diseases” means pests and diseases designated by the district as serious pests and diseases warranting district action. (Amended by Stats. 2004, Ch. 400, Sec. 3. Effective September 9, 2004.) 6047.64. (a) Proceedings for the formation of a district within any county shall be commenced by a petition signed by the owners of 15 percent of the table grape acreage. (b) The petition shall be addressed to, and filed with, the board of supervisors of the county. (Amended by Stats. 2004, Ch. 400, Sec. 4. Effective September 9, 2004.) 6047.65. The petition may be filed in sections, each of which shall comply with all the requirements for a petition, except that a section need not contain the total number of signatures required for the petition. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.66. Signatures to the petition may be withdrawn at any time before it has been acted upon by filing with the clerk of the board of supervisors a declaration signed by the petitioner that states that it is the intention of the petitioner to withdraw his or her signature from the petition. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.67. (a) The petition shall state the name of the proposed district and shall set forth its boundaries or describe the lands to be included. (b) It is a sufficient designation of the boundaries of a proposed district to recite that all the table grape acreage in the county that is to be included in the district, or that all the table grape acreage in a designated area within the county is to be included in the district. (c) If either designation is used, the outside boundary of the area designated is the boundary of the district, and the district shall include all areas within the outside boundary. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) javascript:submitCodesValues('6047.64.','5.1.11.10','2004','400','4',%20'id 3891bbe5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.65.','5.1.11.10','2003','244','1',%20'id 3891bbe7-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.66.','5.1.11.10','2003','244','1',%20'id 3891bbe9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.67.','5.1.11.10','2003','244','1',%20'id 3891bbeb-291f-11d9-9fa8-93d6a7ed919f') 39 6047.68. (a) The petition shall be accompanied by a fee in an amount established by the board of supervisors as is necessary to reimburse the county for all costs incurred by it in connection with the proposed organization of the district. The board of supervisors may charge the district for actual expenses incurred by the county in connection with the proceedings for the formation of the district. (b) Upon the establishment of the district, the district shall reimburse those who provided the funds specified in subdivision (a) from assessments collected pursuant to this article. (Amended by Stats. 2005, Ch. 12, Sec. 4. Effective June 9, 2005.) 6047.69. (a) Upon the presentation and filing of a petition, the board of supervisors shall refer the petition to the county agricultural commissioner for the preparation of a register of owners of table grape acreage within the proposed district, and for an investigation and report. (b) The county agricultural commissioner shall create a register of all table grape acreage owners within the proposed district and specifically describe the net acreage of land devoted to the growing of table grapes by each owner. The county agricultural commissioner shall file with the register of table grape acreage owners a report to the board of supervisors describing the present condition of the glassy winged sharpshooter and Pierce’s disease infestations, or infestation of other designated pests and diseases, and any proposed program that may warrant the board of supervisors proceeding with the organization of the district and recommendation as to the advisability of creating the district. (Amended by Stats. 2004, Ch. 400, Sec. 6. Effective September 9, 2004.) 6047.70. (a) The board of supervisors shall fix a time and place for a hearing of the petition. (b) The hearing shall not be less than 20 days, or more than 40 days, after the filing of the petition with the board of supervisors. (c) The board of supervisors shall order the clerk of the board of supervisors to give notice of the hearing that will do the following: (1) State the time and place for the hearing that was fixed by the board of supervisors. (2) State that at the hearing protests will be considered by the board of supervisors. (3) State that requests in writing for the exclusion of acreage from, or the inclusion of acreage in, the proposed district, will be heard and considered by the board of supervisors. (4) State that the petition is available for inspection at the office of the clerk of the board of supervisors. (5) Designate the boundaries of the proposed district in substantially the same way that they are described in the petition. javascript:submitCodesValues('6047.68.','5.1.11.10','2005','12','4',%20'id 8141ba3e-edd7-11d9-8fb8-b564cc60346f') javascript:submitCodesValues('6047.69.','5.1.11.10','2004','400','6',%20'id 3891bbef-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.70.','5.1.11.10','2004','400','7',%20'id 38934291-291f-11d9-9fa8-93d6a7ed919f') 40 (Amended by Stats. 2004, Ch. 400, Sec. 7. Effective September 9, 2004.) 6047.71. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.72. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.73. At the hearing, the report of the county agricultural commissioner shall be received. Protests may be made orally or in writing by any person interested in the formation of the proposed district. Any protest that pertains to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the defects to which objection is made. All written protests shall be filed with the clerk of the board of supervisors on or before the time fixed for the final hearing. The hearing may be continued from time to time, not to exceed 60 days. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.74. At the hearing, any owner of table grape acreage in the proposed district may present to the board of supervisors a request, in writing, for the exclusion of that acreage or any part of that acreage from the proposed district upon a showing that the acreage or part of that acreage will not be benefited by the activities of the proposed district. However, if the excluded acreage is planted with table grapes, the owner of the acreage shall inform the district, in writing, within 30 days of planting. Factors that the board of supervisors may consider in its determination for exclusion, as set forth in an affidavit from the owner of the acreage, shall include the following: (a) That the acreage is not planted to table grapes and will not be so planted in the foreseeable future, as evidenced by an affidavit from the owner of the acreage so stating. (b) That the table grape plants have been removed from the acreage and that no living table grape plants remain on the acreage. (c) That exclusion of the acreage, or any part of the acreage, from the district will not present a risk of glassy-winged sharpshooter infestation or infestation by other designated pests or diseases because of the acreage’s distance or isolation from infested geographical regions. (Amended by Stats. 2004, Ch. 400, Sec. 8. Effective September 9, 2004.) javascript:submitCodesValues('6047.71.','5.1.11.10','2003','244','1',%20'id 38934293-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.72.','5.1.11.10','2003','244','1',%20'id 38934295-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.73.','5.1.11.10','2003','244','1',%20'id 38934297-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.74.','5.1.11.10','2004','400','8',%20'id 38934299-291f-11d9-9fa8-93d6a7ed919f') 41 6047.75. If the board of supervisors determines that the petition does not comply with the requirements of law, the matter may be dismissed without prejudice to present a new petition covering the same matter. A finding by the board of supervisors in favor of the sufficiency of the petition and notice is final and conclusive against all persons except the state in a proceeding brought by the Attorney General within one year of the date of the making of the order establishing and describing the boundaries of the district. If the petition is dismissed, that portion of the fee imposed under Section 6047.68 that would have been used to pay for costs of the election shall be refunded. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.76. (a) If the board of supervisors determines that the project is feasible and in the interest of the table grape acreage owners of the county, the board of supervisors shall, by order entered in its minutes, declare the district is duly organized under the name designated in the petition for the formation of the district. (b) The order shall describe the territory included in the district and, if the board of supervisors does not exclude or include acreage pursuant to Section 6047.78, it is a sufficient description of the territory to describe the boundaries in substantially the same way as they are described in the petition. (c) A copy of the order certified by the clerk of the board of supervisors shall be filed with the county recorder of the county in which the district is situated. (Amended by Stats. 2004, Ch. 400, Sec. 9. Effective September 9, 2004.) 6047.78. (a) In determining the boundaries of the district, the board of supervisors shall exclude from the district any table grape acreage that it finds will not be benefited by the proposed project, pursuant to the facts in Section 6047.74, and it may include in the district any acreage that it finds will be benefited if it also finds it will be in the interest of the district to include this acreage. The inclusion may be upon application of the owner or, without the owner’s application, upon giving the owner notice of the proposed inclusion and an opportunity for a hearing on the inclusion. (b) Notice of inclusion shall be mailed, postage prepaid, by the clerk of the board of supervisors, to the address of the owner of the acreage as shown by the last equalized county assessment roll, and to any person that has filed with the clerk that person’s name and address and description of acreage in which he or she has either a legal or equitable interest. The notice shall describe the acreage proposed to be included, and shall state the time and place at which objections to the inclusion will be heard. (c) Any owner of table grape acreage outside of the proposed district may present to the board of supervisors a request in writing for inclusion of the acreage in the proposed district. (Amended by Stats. 2004, Ch. 400, Sec. 10. Effective September 9, 2004.) javascript:submitCodesValues('6047.75.','5.1.11.10','2003','244','1',%20'id 3893429b-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.76.','5.1.11.10','2004','400','9',%20'id 3893429d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.78.','5.1.11.10','2004','400','10',%20'id 3894c93f-291f-11d9-9fa8-93d6a7ed919f') 42 6047.79. Upon the filing of the order of organization, the board of supervisors shall appoint a board of directors of five members to administer the affairs of the district. (Amended by Stats. 2004, Ch. 400, Sec. 11. Effective September 9, 2004.) 6047.80. To be a director of the district, a person shall be either an owner of, or the designee of an owner of, acreage included in the district that is devoted, in whole or in part, to the growing of table grapes. (Amended by Stats. 2004, Ch. 400, Sec. 12. Effective September 9, 2004.) 6047.81. Upon his or her appointment, each director shall, in the manner provided by law, subscribe the oath of office and file the oath with the county clerk. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.82. (a) From and after the filing for record of the order of the board of supervisors declaring the district organized, and the appointment and qualification of its first board of directors, the organization of the district is complete. The district shall operate for a period of five years from the date of its organization, and shall cease to exist after five years unless the district is reauthorized by the board of supervisors. (b) The board of directors shall hold a public hearing six months prior to termination of its initial organization or last reauthorization to determine whether the conditions of the glassy-winged sharpshooter or Pierce’s disease or other designated pests and diseases warrant the reauthorization of the district for an additional five years. (c) The notice of hearing shall state the name of the district and that consideration is being given to reauthorizing the district for an additional five years, the boundaries of the district, and the time and place for the hearing. Notice of the hearing shall be given as provided in Sections 6047.71 and 6047.72. The board of directors shall submit the record of the hearing and its recommendation to the board of supervisors within 90 days of the hearing. The board of supervisors shall approve or reject the recommendation. If it rejects the recommendation, the board of supervisors shall return the report accompanied by its reasons for the rejection to the board of directors within 30 days of receipt. The board of directors may thereafter address the reasons for rejection by the board of supervisors and submit an amended report and new recommendations for reauthorization for approval or rejection by the board of supervisors, unless the district has ceased to exist pursuant to subdivision (a). javascript:submitCodesValues('6047.79.','5.1.11.10','2004','400','11',%20'id 3894c941-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.80.','5.1.11.10','2004','400','12',%20'id 3894c943-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.81.','5.1.11.10','2003','244','1',%20'id 3894c945-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.82.','5.1.11.10','2004','400','13',%20'id 3894c947-291f-11d9-9fa8-93d6a7ed919f') 43 (d) If the board of supervisors approves the continuation of the district, the board of supervisors shall, by an order entered in its minutes, declare the district duly extended. (Amended by Stats. 2004, Ch. 400, Sec. 13. Effective September 9, 2004.) 6047.83. (a) Immediately after the organization of the district, the directors shall meet and organize as a board and shall elect a chairperson, vice chairperson, and secretary from among their own number. (b) The chairperson shall call and preside at all meetings of the board, sign all warrants drawn on the county treasurer, and all contracts and other documents, and the minutes of all meetings at which the chairperson is present. In case of the chairperson’s absence from a meeting, the vice chairperson shall act as chairperson pro Tempore. The vice chairperson may sign warrants in place of the chairperson if the chairperson is absent from a meeting or unavailable. The secretary shall give notice of and keep the minutes of all meetings and prepare and have custody of all records and papers, and have custody of the seal of the district. The secretary shall attest all warrants drawn on the county treasury, all contracts and other documents, and shall sign the minutes of all meetings at which he or she is present. The secretary shall prepare the annual reports and any other reports required by the board and shall prepare all notices and all calls for bids. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.84. The members of the board shall serve for terms of two years, or for a longer term as determined by the board of supervisors, and until the appointment and qualification of their successors. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.85. Upon the expiration of the term of any member of the board, the board of supervisors shall appoint the successor. Vacancies shall be filled by the board of supervisors for the unexpired term. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.86. The members of the board shall not receive any compensation for their services, but may be reimbursed for their actual and necessary expenses, when claims for those expenses have been approved by the board. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) javascript:submitCodesValues('6047.83.','5.1.11.10','2003','244','1',%20'id 38964fe9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.84.','5.1.11.10','2003','244','1',%20'id 38964feb-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.85.','5.1.11.10','2003','244','1',%20'id 38964fed-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.86.','5.1.11.10','2003','244','1',%20'id 38964fef-291f-11d9-9fa8-93d6a7ed919f') 44 6047.87. (a) The district may do all of the following: (1) Sue and be sued in all actions and proceedings in all courts and tribunals of competent jurisdiction. (2) Adopt a seal and alter it at pleasure. (3) Accept contributions, and by grant, purchase, gift, devise, lease, or otherwise, and hold, use and enjoy, and lease, or otherwise dispose of, real and personal property of every kind and description within or without the district necessary to the full and convenient exercise of its powers. (4) Recommend an assessment to the board of supervisors to be levied on the owners of acreage of table grapes being grown in the district to pay obligations of the district incurred to accomplish the purposes of the district as provided in this article, which may involve funding all or a portion of a Pierce’s disease or glassy winged sharpshooter program, or program involving other designated pests and diseases. (5) Make contracts, and employ, except as otherwise provided in this article, all persons, firms, and corporations necessary to carry out the purposes and the powers of the district, and at any salary, wage, or other compensation as the board of directors shall determine. (6) Respond to the effects of, the spread of glassy-winged sharpshooter and Pierce’s disease, and other designated pests and diseases, and collect and disseminate to table grape growers and the owners of table grapes acreage in the district relevant information and scientific studies concerning these pests or diseases, as well as to chart and determine the extent and location of any infestations. (7) Take all actions necessary to control, eradicate, remove, or prevent the spread of the glassy-winged sharpshooter or Pierce’s disease, or other designated pests and diseases injurious to table grapes. (8) With reasonable advance notice in writing to the landowner, as determined by the district, enter into or upon any land included within the boundaries of the district for the purpose of inspecting the grape plants and any other host plants and fruit growing on these lands. (9) Eradicate, eliminate, remove, or destroy any table grape plants having evidence of Pierce’s disease or other designated pests and diseases. (10) Coordinate with the county agricultural commissioner as to his or her taking appropriate actions to have any table grape plants growing within the district infested with Pierce’s disease or other designated pests and diseases adjudged a public nuisance, and decreed that the nuisance be abated. (11) Coordinate district activities with other table grape pest and disease districts established pursuant to this article and Section 6047.3. (12) Perform any and all acts, either within or outside the district, necessary or proper to fully and completely carry out the purposes for which the district is organized. (b) The district’s administrative costs shall be limited to 5 percent of the annual assessment revenue. (Amended by Stats. 2004, Ch. 400, Sec. 14. Effective September 9, 2004.) javascript:submitCodesValues('6047.87.','5.1.11.10','2004','400','14',%20'id 38964ff1-291f-11d9-9fa8-93d6a7ed919f') 45 6047.88. Every district formed pursuant to this article has all of the powers prescribed by Section 6047.87 and other provisions of this article, regardless of any language in the petition for formation for any district or in any of the proceedings leading to the formation that would otherwise limit the power of the district. (Amended by Stats. 2004, Ch. 400, Sec. 15. Effective September 9, 2004.) 6047.89. The county agricultural commissioner of the county in which the district is located shall, upon request of the board, assist the district to the extent possible in all activities undertaken by the district for the control of glassy-winged sharpshooter and Pierce’s disease or other designated pests and diseases. (Amended by Stats. 2004, Ch. 400, Sec. 16. Effective September 9, 2004.) 6047.90. The board shall, immediately after its appointment and after public hearing, formulate an effective plan and adopt a budget of expenditures for the forthcoming fiscal year. At a public hearing on the plan and the budget, any owner of table grape acreage included in the district may make written or oral protest against the budget or any item in it. The plan and the budget, as thereafter approved by the board, shall be the plan and the budget of the district for the forthcoming fiscal year. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.91. There may be added to the budget for the first fiscal year of the operation of the district an amount not to exceed 20 percent of the total amount of the budget to cover the preliminary expenses of the district, including, but not limited to, the costs of formation, before the beginning of the first fiscal year. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.92. For each fiscal year subsequent to the first year of operation of the district, the board shall adopt the final budget in the same manner that the budget for the first fiscal year was adopted. (Amended by Stats. 2004, Ch. 400, Sec. 16.5. Effective September 9, 2004.) javascript:submitCodesValues('6047.88.','5.1.11.10','2004','400','15',%20'id 3897d693-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.89.','5.1.11.10','2004','400','16',%20'id 3897d695-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.90.','5.1.11.10','2003','244','1',%20'id 3897d697-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.91.','5.1.11.10','2003','244','1',%20'id 3897d699-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.92.','5.1.11.10','2004','400','16.5',%20'id 3897d69b-291f-11d9-9fa8-93d6a7ed919f') 46 6047.94. The district shall identify any parcel of real property with more than one acre of table grape plants that shall be subject to assessments. (Amended by Stats. 2004, Ch. 400, Sec. 18. Effective September 9, 2004.) 6047.95. Whenever acreage within the district is planted with table grape plants in a fashion so as to qualify as table grape acreage, the acreage is subject to assessment as provided in this article. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.96. (a) After the district has been formed, an owner of table grape acreage in the district may present to the board a request in writing for the exclusion of that acreage or any part of the acreage from the district upon a showing that the acreage or part of the acreage will not be benefited by the activities of the district. Factors that the board may consider in its determination for exclusion, as set forth in an affidavit from the owner of the acreage, shall include those specified in Section 6047.74. (b) After receipt of the request, the board shall cause an investigation of the parcel of acreage to be made and, if the board determines that the acreage or part of the acreage will not be benefited by the activities of the district and that exclusion of the acreage will not present a pest risk to the district, the board shall exclude the table grape acreage from the district and immediately certify this fact to the county assessor and the county auditor or tax collector. (c) Any owner of table grape acreage outside of, or otherwise not included in, the district may present to the board a request in writing for inclusion of the acreage in the district. (Amended by Stats. 2004, Ch. 400, Sec. 19. Effective September 9, 2004.) 6047.97. (a) The board shall, on or before the first Monday in April of each year, or as soon thereafter as possible, file with the board of supervisors a budget that sets forth all estimated expenditures of the district for the fiscal year commencing on the first day of July. A copy of the budget shall also, at the same time, be filed with the auditor of the county. (b) The board of supervisors may, by ordinance or by resolution, adopted after notice and a hearing, determine and levy an assessment for table grape pest and disease control activities or other activities specified in subdivision (a) of Section 6047.87 related to designated pests and diseases for any of the following purposes: javascript:submitCodesValues('6047.94.','5.1.11.10','2004','400','18',%20'id 3897d69d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.95.','5.1.11.10','2003','244','1',%20'id 3897d69f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.96.','5.1.11.10','2004','400','19',%20'id 3897d6a1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.97.','5.1.11.10','2004','400','20',%20'id 38995c43-291f-11d9-9fa8-93d6a7ed919f') 47 (1) Responding to, managing, and controlling the effects of the spread of glassy winged sharpshooter and other designated pests and diseases that attack table grape plants. (2) Collecting and disseminating to table grape growers in the district relevant information and scientific studies concerning the pest or pests. (3) Charting and determining the extent and location of any Pierce’s disease infestations and infestations of other designated pests and diseases. (4) Reimbursing the county or counties in which the district is located for expenses incurred in connection with providing services under this article that are not otherwise reimbursed. (c) (1) The annual assessment shall not exceed fifteen dollars ($15) per planted acre. (2) The maximum annual assessment shall be established in accordance with the voting requirements of Articles XIII C and XIII D of the California Constitution, as incorporated by Proposition 218 of 1996, as provided for in Section 6047.100. (3) The board shall annually establish the assessment which shall not exceed the maximum annual assessment specified in paragraph (1), except as otherwise specified in this section. (d) An annual assessment greater than the amount provided for in this section may not be charged unless a greater assessment is approved by eligible owners in accordance with the voting requirements of Articles XIII C and XIII D of the California Constitution, as incorporated by Proposition 218 of 1996, as provided for in Section 6047.100. (e) The board of supervisors shall cause to be prepared and filed with the clerk of the board of supervisors a written report that contains all of the following information: (1) A description of each parcel of property proposed to be subject to the assessment. (2) The amount of the assessment of each parcel for the initial fiscal year. (3) The maximum amount of the assessment that may be levied for each parcel during any fiscal year. (4) The duration of the assessment. (5) The basis of the assessment. (6) The schedule of the assessment. (7) A description specifying the requirements for written and oral protests, and the protest threshold necessary for requiring abandonment of the proposed assessment pursuant to subdivision (f). (f) Unless otherwise excluded, the assessment shall be levied on each parcel within the boundaries of the district, zone, or area of benefit. (g) (1) The board of supervisors shall comply with the notice, protest, and hearing procedures in Section 53753 of the Government Code. (2) In addition, the mailed notice shall include the name of the district, the return address of the sender, the amount of the assessment for the initial fiscal year, the maximum amount of the assessment that may be levied during any fiscal year and the name and telephone number of the person designated by the board of supervisors to answer inquiries regarding the protest proceedings. (Amended by Stats. 2004, Ch. 400, Sec. 20. Effective September 9, 2004.) 48 6047.98. The assessment authorized to be assessed and levied is hereby declared to be in the nature of a special assessment, and the Legislature hereby finds that the owners of all table grape plants will be benefited by the district to the same extent and in the same manner regardless of the age of the plants. The assessments authorized by this article shall be assessed and levied regardless of the age of the table grape plants growing on the land. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.99. (a) The assessment levied shall be computed and entered upon the assessment roll by the county auditor, and if the supervisors fail to levy the assessment as required, the auditor shall do so. (b) The assessment shall be collected at the same time, and in the same manner as, and together with and not separate from, general county taxes, and when collected shall be paid into the county treasury for the use of the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.100. The general provisions of the laws of this state, prescribing the requirements for and manner of levying and collecting county taxes and the duties of the several county officers with respect to levying and collecting county taxes, are, so far as they are applicable and not in conflict with the specific provisions of this article, hereby adopted and made a part of this article. This article, however, shall operate so as to be compliant with Article XIII (C) and XIII (D) of the California Constitution, as incorporated by Proposition 218 of 1996. The several county officers referred to shall be liable upon their several official bonds for the faithful discharge of the duties imposed upon them by this article. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.101. The revenue from the assessments imposed pursuant to this article by the district are trust funds and shall be encumbered only for the purposes for which the district is formed and for the benefit of the acreage assessed. The district shall expend the minimum amount necessary for overhead and other administrative costs. No district funds shall be donated, loaned, or transferred to any other local agency or to the state for any purpose, except for the implementation of the duties of the district, set forth under this article, as determined to be necessary by the district board. (Amended by Stats. 2004, Ch. 400, Sec. 21. Effective September 9, 2004.) javascript:submitCodesValues('6047.98.','5.1.11.10','2003','244','1',%20'id 38995c45-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.99.','5.1.11.10','2003','244','1',%20'id 38995c47-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.100.','5.1.11.10','2003','244','1',%20'id 38995c49-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.101.','5.1.11.10','2004','400','21',%20'id 389ae2eb-291f-11d9-9fa8-93d6a7ed919f') 49 6047.102. (a) The county treasury shall be the repository of all the moneys of the district. The county treasurer shall receive and receipt for all those moneys, and place them to the credit of the district. (b) The county treasurer shall be responsible upon his or her official bond for the safekeeping and disbursement, in the manner provided in this article, of all moneys held in the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.103. If a consolidated district includes parts of two or more counties, the repository of all money of the district shall be the county treasury of the county in which is located the largest area of table grape acreage of the district. Money collected for the use of the district in any other county in which a part of the district is located shall be transferred by the county treasurer upon warrant of the county auditor of the county in which the money was collected to the county treasurer of the county serving as repository for the district, in the same manner as prescribed for the disbursement of money held for a local district. Money derived from any county in which the district is located may be expended in any part of the district for the purposes authorized by this article, notwithstanding any other provision of law limiting the expenditure of any money to a specific area or county. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.104. (a) The county treasurer shall pay out money of the district only upon warrants of the county auditor drawn upon the order of the board of directors of the district signed by the chairperson or vice chairperson and attested to by the secretary. The county treasurer, with the approval of the board of supervisors, shall pay out the money of the district upon one master warrant of the county auditor drawn upon the order of the board of directors of the district and signed by the chairperson or vice chairperson and attested to by the secretary, to meet the district’s expenses, including salaries, at intervals approved by the board of supervisors. (b) The county treasurer shall report, in writing, on the first day of July, October, January, and March of each year, to the board of directors, the amount of money the treasurer then holds for the district, the amount of receipts since the last report, and the amounts paid out. Each report shall be verified and filed with the secretary of the district to whom it is addressed. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.105. Acreage devoted exclusively to the growing of table grapes within a tract of land outside the district, but in the county in which the district is located, may be javascript:submitCodesValues('6047.102.','5.1.11.10','2003','244','1',%20'id 389ae2ed-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.103.','5.1.11.10','2003','244','1',%20'id 389ae2ef-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.104.','5.1.11.10','2003','244','1',%20'id 389ae2f1-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.105.','5.1.11.10','2004','400','22',%20'id 389ae2f3-291f-11d9-9fa8-93d6a7ed919f') 50 annexed to the district in the same manner provided in this article for the formation of the district. (Amended by Stats. 2004, Ch. 400, Sec. 22. Effective September 9, 2004.) 6047.106. Any two or more districts organized or existing under this article may be consolidated, whether or not the boundaries are coterminous, and whether or not the districts are located in the same county. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.107. The board of directors may adopt a resolution that recites the fact of receipt and the willingness of the district to consolidate, and shall then send copies of the resolution to the board of directors of each of the other districts. The board shall send a certified copy of the resolution to the board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district, and a copy of the resolution to the board of supervisors of each of the other counties in which is located any part of the proposed consolidated district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.108. The board of supervisors of the county in which is located the largest area of table grape acreage of the proposed consolidated district shall fix a time and place for hearing the proposal. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.109. If the board of supervisors determines that consolidation is feasible and in the best interests of the table grape acreage owners of the respective districts, it shall, by resolution duly adopted, declare the districts consolidated into one district, giving the consolidated district a name that includes the term “consolidated.” Certified copies of the resolution shall be filed with the Secretary of State and with the county recorder of each county in which is located any part of the consolidated district. Upon the filing, the districts are consolidated into a single consolidated district with all the rights, privileges, and powers of a district. The consolidated district shall succeed to all the funds and other property, and is subject to all the indebtedness, bonded and otherwise, of the districts consolidated. Each district that is included in the consolidated district shall continue in existence for the purpose of javascript:submitCodesValues('6047.106.','5.1.11.10','2003','244','1',%20'id 389c6995-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.107.','5.1.11.10','2003','244','1',%20'id 389c6997-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.108.','5.1.11.10','2003','244','1',%20'id 389c6999-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.109.','5.1.11.10','2004','400','23',%20'id 389c699b-291f-11d9-9fa8-93d6a7ed919f') 51 representation on the board of the consolidated district, and for the purpose of levying, assessing, and collecting assessments for district purposes. The board of the consolidated district is, however, the board of each district that is included in the consolidated district. (Amended by Stats. 2004, Ch. 400, Sec. 23. Effective September 9, 2004.) 6047.110. Upon the adoption of a resolution consolidating two or more districts, the board of supervisors of the county in which is located the largest area of table grape acreage shall immediately appoint a board of directors of at least five members, including at least one member from each of the districts that are included in the consolidated district, and at least two members from each county, if districts located in more than one county are included in the consolidated district. If any of the districts that are included in the consolidated district includes more than 15,000 acres of table grape acreage, the board of directors shall be increased by one additional director for each 10,000 acres, or fraction of 10,000 acres, in any one district that is included in the consolidated district. If the consolidated districts are located in more than two counties, the board of directors of the consolidated district shall have at least seven members. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.111. The board of a consolidated district has all the duties, powers, purposes, responsibilities, and jurisdiction of the board of any other district organized pursuant to this article. The members of the consolidated board shall be appointed in the same manner and serve for the same term as the directors of any other district organized pursuant to this article. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.112. Any district that has been included in a consolidated district may withdraw from the consolidated district and be reconstituted as a separate district by filing with the board of directors of the consolidated district a petition for withdrawal that is signed by the owners of not less than a majority, by area, of table grape acreage in the district. The board of directors of the consolidated district shall send the original petition to the board of supervisors of the county in which the withdrawing district is located, and a copy of the petition to the board of supervisors of each of the other counties in which is located any part of the consolidated district. Upon receipt of a petition for withdrawal, the board of supervisors of the county in which the withdrawing district is located shall fix a time and place for hearing the petition. Notice shall be given and the hearing conducted in the same manner and with the same effect as prescribed for the formation of a district pursuant to Sections 6047.70, 6047.71, 6047.72, 6047.73, and 6047.74. Upon withdrawal of a district, javascript:submitCodesValues('6047.110.','5.1.11.10','2003','244','1',%20'id 389c699d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.111.','5.1.11.10','2003','244','1',%20'id 389c699f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.112.','5.1.11.10','2004','400','24',%20'id 389c69a1-291f-11d9-9fa8-93d6a7ed919f') 52 all moneys collected from the district for the use of the consolidated district, and all property purchased with these moneys, shall remain the property of the consolidated district. (Amended by Stats. 2004, Ch. 400, Sec. 24. Effective September 9, 2004.) 6047.113. Upon the filing of a petition with the board of supervisors that is signed by either (1) 50 percent or more of the table grape acreage owners who own 65 percent or more of the affected acreage or by (2) 65 percent or more of the table grape acreage owners who own 50 percent or more of the affected acreage requesting the dissolution of the district, the board of supervisors shall set a time and place for hearing on the petition, which shall not be less than 20 days, or more than 40 days, after the filing of the petition. (Amended by Stats. 2004, Ch. 400, Sec. 25. Effective September 9, 2004.) 6047.114. The board of supervisors shall give notice of the time and place fixed for the hearing upon the petition for dissolution. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.115. The notice of hearing shall state all of the following: (a) That a petition has been filed requesting the dissolution of the district. (b) That the petition is available for inspection at the offices of the board of supervisors. (c) The time and place for the hearing. (d) That at the hearing protests against the dissolution of the district shall be considered by the board of supervisors. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.116. Notice of the hearing shall be given by publication in a newspaper of general circulation published and circulated in the district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.117. The notice shall be published once a week for two successive weeks prior to the date set for the hearing. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) javascript:submitCodesValues('6047.113.','5.1.11.10','2004','400','25',%20'id 389df043-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.114.','5.1.11.10','2003','244','1',%20'id 389df045-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.115.','5.1.11.10','2003','244','1',%20'id 389df047-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.116.','5.1.11.10','2003','244','1',%20'id 389df049-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.117.','5.1.11.10','2003','244','1',%20'id 389df04b-291f-11d9-9fa8-93d6a7ed919f') 53 6047.118. If, at the hearing, a majority of the board of supervisors does not find a compelling reason to override the owners’ petition to dissolve the district, the board of supervisors shall by resolution dissolve the district. (Amended by Stats. 2004, Ch. 400, Sec. 26. Effective September 9, 2004.) 6047.119. The board of supervisors shall cause a certified copy of the resolution to be recorded in the office of the county recorder and shall file a certified copy of it with the Secretary of State. Thereupon, the district is dissolved for all purposes. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.120. Upon dissolution, the right, title, and interest to property owned or controlled by the district that is situated within the corporate limits of any city shall vest absolutely in the city. If the property is situated outside the corporate limits of a city, it shall vest in the county in which the property is situated. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.121. The board of supervisors is ex officio the governing body of the dissolved district. It may levy assessments and perform other acts solely for the purpose and as may be necessary to wind up the affairs of the district and to raise money for the payment of any outstanding indebtedness. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.122. All claims and accounts against the district that have not been settled by the board within 90 days after the resolution is recorded pursuant to Section 6047.119 shall be presented to the board of supervisors of the county in which the district was located, or in the case of a consolidated district to the board of supervisors of the county in which is located the largest area of table grape acreage, and shall be passed and approved by the board of supervisors in the same manner as county claims and shall be paid out of the funds of the dissolved district. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.123. If there are insufficient funds to discharge all claims and accounts brought pursuant to Section 6047.122, the board of supervisors shall, at the time of levying the next javascript:submitCodesValues('6047.118.','5.1.11.10','2004','400','26',%20'id 389df04d-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.119.','5.1.11.10','2003','244','1',%20'id 389df04f-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.120.','5.1.11.10','2003','244','1',%20'id 389df051-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.121.','5.1.11.10','2003','244','1',%20'id 389f76f3-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.122.','5.1.11.10','2003','244','1',%20'id 389f76f5-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6047.123.','5.1.11.10','2003','244','1',%20'id 389f76f7-291f-11d9-9fa8-93d6a7ed919f') 54 general county taxes, levy a special assessment upon the net acreage devoted to the growing of table grapes that benefited from the dissolved district in an amount sufficient to discharge all outstanding claims and accounts against the district. In the case of a consolidated district, the board of supervisors of each county in which a portion of the district is located shall levy a special assessment based upon the ratio that the proportion of outstanding claims and accounts bears to the net acreage of the district in each county. (Added by Stats. 2003, Ch. 244, Sec. 1. Effective August 29, 2003.) 6047.124. Owners of wine grapes and raisin grapes and any other agricultural commodities may petition to become subject to any district established pursuant to this article. The petition shall adhere to all the requirements of this article and shall require the approval of the board of directors of the affected district. All provisions of this article are hereby incorporated in this section and are applicable to owners who become subject to a district established pursuant to this article as though set forth in full in this section unless a provision in this article expressly states that it is not applicable to this section. (Amended by Stats. 2004, Ch. 400, Sec. 27. Effective September 9, 2004.) ARTICLE 9. Hydrilla [6048 - 6049] ( Article 9 added by Stats. 1977, Ch. 176. ) 6048. (a) The plant hydrilla (Hydrilla verticillata) is a noxious aquatic weed not native to the State of California. The Legislature hereby declares that the further introduction and spread of this serious aquatic weed pest would be detrimental to the state, causing irreparable damage to the agricultural industry and recreational use of streams, lakes, and waterways and further that the eradication of this aquatic weed pest is essential to the preservation of the environment. Hydrilla can be introduced into the state in shipments of fish and aquatic plants for wholesale and retail sale within the state. It can become established when aquariums containing hydrilla are dumped into California’s streams, lakes, ponds, and waterways. Subsequent spread is rapid, both naturally and artificially. (b) It is unlawful to produce, propagate, harvest, possess, sell, or distribute hydrilla as such or incidental to the sale of fish, aquatic plants, or other hosts or possible carriers of hydrilla. The director may adopt quarantine or other regulations which prohibit the importation of hydrilla. Any violation of the regulations or of this section is an infraction punishable by a fine of not more than seventy-five dollars ($75) for the first offense and is a misdemeanor for a second or subsequent offense within three years of a prior conviction of a violation of this section or of the regulations. These penalty provisions do not preclude civil action as provided in Article 2 (commencing with Section 5021) of Chapter 1. (c) The director shall conduct an ongoing survey and detection program for hydrilla. Whenever and wherever hydrilla is discovered, the director shall immediately javascript:submitCodesValues('6047.124.','5.1.11.10','2004','400','27',%20'id 389f76f9-291f-11d9-9fa8-93d6a7ed919f') javascript:submitCodesValues('6048.','5.1.11.11','1986','752','5',%20'id 38a40add-291f-11d9-9fa8-93d6a7ed919f') 55 investigate the feasibility of eradication. If eradication is feasible, the director shall perform the eradication in cooperation with federal, city, county, and other state agencies taking those steps and actions the director deems necessary. (Amended by Stats. 1986, Ch. 752, Sec. 5.) 6049. The department, with the cooperation of the University of California, the United States Department of Agriculture, or other agencies, may develop and implement biological control methods to eradicate or control the aquatic weed pest hydrilla (Hydrilla verticillata) in any area of the state, and may conduct studies for those purposes. When the development or implementation involves the use of fish, each individual program for development or implementation shall first be approved by the Department of Fish and Game. (Amended by Stats. 1986, Ch. 752, Sec. 6.) javascript:submitCodesValues('6049.','5.1.11.11','1986','752','6',%20'id 38a40adf-291f-11d9-9fa8-93d6a7ed919f')