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AB-737 Noxious weed management.(1999-2000)

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AB737:v97#DOCUMENT

Amended  IN  Assembly  April 08, 1999
Amended  IN  Assembly  January 03, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 737

Introduced  by  Assembly Member Oller, Frusetta, House, Maldonado
 (Principal Coauthor(s): Senator Monteith)

February 24, 1999

An act to add Article 1.5 (commencing with Section 7250) to Chapter 1 of Part 4 of Division 4 of the Food and Agricultural Code, relating to agriculture, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 737, as amended, Oller. Noxious weed management.
(1) Existing law sets forth provisions in the Food and Agricultural Code relating to weeds and pest seeds and provides funding and oversight for noxious weeds management.
This bill would create the Yellow Starthistle and Other Noxious Weeds Statewide Eradication and Control Program under the jurisdiction of the Department of Food and Agriculture. The bill would require the department, in consultation with the Department of Forestry and Fire Protection County Agricultural Commissioners and Sealers Association, to develop a strategic plan for administering and implementing a statewide noxious weed eradication and control program with prescribed goals. The bill would require the department to conduct research with regard to, and to take action to eradicate, noxious weeds. The bill would require the department to implement specified noxious weed management strategies recommended by the Range Management Advisory Committee actively seek new, effective biological weed control agents and to work in conjunction with state and federal agencies to maximize efforts to locate these agents and to minimize duplication of efforts.
(2) The bill would appropriate $10,000,000 from the General Fund to the department for purposes of the Yellow Starthistle and Other Noxious Weeds Statewide Eradication and Control Program, and would specify the purposes for which these funds may be spent.

(3)This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3   Appropriation: YES   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 The Legislature finds and declares that the invasion and expansion of noxious weeds are detrimental to native animal and plant species, inhibit agricultural production and the economy of California, and negatively affect the recreational and aesthetic value of open-space and public areas.

SEC. 2.

 Article 1.5 commencing with Section 7250) is added to Chapter 1 of Part 4 of Division 4 of the Food and Agricultural Code, to read:
Article  1.5. Yellow Starthistle and Other Noxious Weeds Statewide Eradication and Control Program

7250.
 There is hereby created in the Department of Food and Agriculture the Yellow Starthistle and Other Noxious Weeds Statewide Eradication and Control Program.

7251.
 (a) The department, in consultation with the Department of Forestry and Fire Protection County Agricultural Commissioners and Sealers Association, shall develop a strategic plan for administering and implementing a statewide noxious weed eradication and control program.
(b) The goals of the program shall include, but not be limited to, all of the following:
(1) Increase the profitability and value of cropland and rangeland.
(2) Decrease the costs of roadside, park, and waterway maintenance.
(3) Reduce the fire hazard and fire control costs in the state.
(4) Protect the biodiversity of native ecosystems.
(5) Maintain the recreational and aesthetic value of open space, recreational, and public areas.
(c) The program shall be limited to terrestrial weeds of known economic importance in the state that have been designated as a “B” or “C” rated pest by the department.
The program shall not include weeds designated by the department as “A” rated pests that are subject to eradication.
(d) For the purposes of carrying out this article, the department shall be responsible for program administration and development of noxious weed control strategies. County agricultural commissioners or the Secretary of Agriculture in those counties where there is no commissioner, shall be responsible for implementing and administering the program and control strategies at the local level.

7252.
 (a) The department shall conduct research with regard to, and take action to eradicate, actively seek new, effective biological control agents for the long-term control of noxious weeds, including, but not limited to, the yellow starthistle.
(b) For the purposes of carrying out subdivision (a), the department shall implement noxious weed management strategies recommended by the Range Management Advisory Committee created pursuant to Section 741 of the Public Resources Code. work in conjunction with the United States Department of Agriculture and departments of agriculture from other states in order to maximize efforts to locate these agents throughout the world and to minimize duplication of effort in their searches.

7253.
 For purposes of implementing administering this article, the department shall consult with county agricultural commissioners, federal, local, and other state agencies, institutions of higher education, and the Range Management Advisory Committee.

7254.
 The department, at a regularly scheduled meeting of the Range Management Advisory Committee, shall report annually on the actions undertaken by the department accomplishments of the department and the agricultural commissioners pursuant to this article.

7255.
 Funds appropriated for carrying the provisions of this article shall be allocated as follows:
(a) One million dollars ($1,000,000) to the department, which shall only be used for the following purposes:
(1) Administration of the Yellow Starthistle and Other Noxious Weeds Statewide Control Program.
(2) Development of noxious weed control strategies.
(3) Seeking new, effective biological control agents for the long-term control of yellow starthistle and other noxious weeds.
(4) Consultation with agricultural commissioners, federal, local, and other state agencies, institutions of higher education, and the Range Management Advisory Committee.
(5) Mapping the acreage infested with yellow starthistle and other noxious weeds in each county of the state.
(b) Eight million dollars ($8,000,000) to county agricultural commissioners for the purpose of implementing aggressive yellow starthistle control programs in each infested county of the state. These funds shall be allocated on the basis of the total number of infested acres in each county and the degree of infestation that exists in the counties, and shall only be used for the following purposes upon submission of a plan approved by county boards of supervisors the department.
(1) Matching funds for control of yellow starthistle on private property by the landowner or their agent. In no case shall this match be more than 50 percent of the total cost for treatment of less than 100 acres; 60 percent for treatment of 100 to 999 acres, and 70 percent for treatment of 1000 acres or more.
(2) Operation of programs by the agricultural commissioner, or secretary in counties where there is no commissioner, for control of yellow starthistle along county roads and other local government-owned property.
(3) Matching funds for control of yellow starthistle on city-owned streets, parks, rights-of-ways, and other public areas.
(4) Disseminating biological control agents by the county agricultural commissioner for the long-term control of yellow starthistle.
(5) Public education about the program and preventing the spread of yellow starthistle.
(6) Abatement of yellow starthistle infestations on abandoned land or on land vital to the success of the program whether owned or not.
(7) Allocation of funds to recognized weed management areas for carrying out the purposes of the article.
(8) Costs incurred for the administration of the program, not to exceed 10 percent of the total allocation.
(c) One million dollars ($1,000,000) to county agricultural commissioners for the purpose of implementing an aggressive control program for other noxious weeds as specified in subdivision (c) of Section 7251, which shall be allocated on the basis of the total number of weed pests, total number of infested acres in each county, and the degree of infestation that exists in the counties. Each county that currently has an active noxious weed control program on or before December 31, 2000, shall receive an additional allocation of 10 percent of their otherwise calculated allocation of funds for this program. These funds shall only be used only for the following purposes upon submission of a plan approved by the respective county boards of supervisors and the department.
(1) Matching funds for control of noxious weeds on private property by the landowner or their agent. In no case shall this match be more than 50 percent of the total cost.
(2) Operation of programs by the agricultural commissioner, or secretary in counties where there is no commissioner, for the control of noxious weeds.
(3) Matching funds for control of noxious weeds on city-owned streets, parks, rights-of-ways, and other public areas.
(4) Decimating biological control agents by the agricultural commissioner for the long-term control of noxious weeds.
(5) Public education about the program and preventing the spread of noxious weeds.
(6) Abatement of noxious weed infestations on abandoned land or on land vital to the success of the program whether owned or not.
(7) Allocation of funds to recognized weed management areas for carrying out the purposes of this article.
(8) Costs incurred for the administration of the program, not to exceed 10 percent of the total allocation.

SEC. 3.

 The sum of ten million dollars ($10,000,000) is hereby appropriated from the General Fund to the Department of Food and Agriculture for the purposes specified in Article 1.5 (commencing with Section 7250) of Chapter 1 of Part 4 of Division 4 of the Food and Agricultural Code, as added by Section 1 of this act.
SEC. 4.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to facilitate the eradication of the yellow starthistle and other noxious weeds at the earliest possible time, it is necessary that this act take effect immediately.