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AB-1165 Agriculture: regulatory alignment.(2017-2018)

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Date Published: 07/03/2018 09:00 PM
AB1165:v94#DOCUMENT

Amended  IN  Senate  July 03, 2018
Amended  IN  Senate  June 21, 2018
Amended  IN  Senate  September 08, 2017
Amended  IN  Assembly  May 16, 2017
Amended  IN  Assembly  March 20, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 1165


Introduced by Assembly Member Caballero

February 17, 2017


An act to add Division 23.5 (commencing with Section 80500) to the Food and Agricultural Code, relating to agriculture.


LEGISLATIVE COUNSEL'S DIGEST


AB 1165, as amended, Caballero. Agriculture: regulatory alignment.
Existing law establishes the Department of Food and Agriculture and requires it to promote and protect the agricultural industry of the state.
This bill would establish the Agricultural Growth Council, with a prescribed membership of specified state agencies and public members, to plan for regulatory alignments that would aid grower compliance, reduce costs to the agriculture industry, and protect the environment and to make recommendations for regulatory alignments to the proper agency or department. The bill would require the council, if the council determines that it is impossible for a person, and similarly situated persons, to comply with one or more regulations due to conflicting regulatory requirements, to suspend the application of one or more of the conflicting requirements to those persons as necessary to resolve the conflict. The bill would provide for the suspension of enforcement of the requirements against those persons until all applicable agencies have resolved the original conflict and provided clear direction on how to achieve compliance with the previously conflicting requirements.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Division 23.5 (commencing with Section 80500) is added to the Food and Agricultural Code, to read:

DIVISION 23.5. Agricultural Growth Council

80500.
 The Agricultural Growth Council is hereby established in the state government and it shall consist of the Secretary of Food and Agriculture, the Secretary of the Natural Resources Agency, the Secretary of Environmental Protection, the Director of Water Resources, the Director of the State Water Resources Control Board, the Chair of the Air Resources Board, and the Director of Pesticide Regulation, or their designated representatives, one member of the public appointed by the Speaker of the Assembly, one member of the public appointed by the Senate Committee on Rules, and one member of the public appointed by the Governor. The public members shall have a background in agriculture. The purpose of the council shall be to plan for regulatory alignments that aid grower compliance, reduce costs to the agriculture industry, and protect the environment and to make recommendations for regulatory alignments to the proper agency or department.

80501.
 The members of the council shall elect a chair of the council every two years.

80502.
 A meeting of the council shall be subject to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), except that, for purposes of this section, “meeting” shall not include a meeting at which:
(a) Council members are meeting as members of the Governor’s cabinet.
(b) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following:
(1) State agency coordination to improve regulatory compliance efficiency.
(2) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the streamlining of agricultural industry regulation compliance.

80503.
 (a) If the council determines that it is impossible for a person, and similarly situated persons, to comply with one or more regulations due to conflicting regulatory requirements, the council shall suspend the application of one or more of the conflicting requirements to those persons as necessary to resolve the conflict. The council, in consultation with the applicable enforcing agencies, shall determine which requirement or requirements to suspend after consideration of the public health and safety implications of any suspension and the effect of a suspension on the overall regulatory scheme of each enforcing agency.
(b) Upon the suspension of a requirement’s application against a person or persons pursuant to subdivision (a), no agency may initiate an action to enforce the requirement against those persons, and ongoing enforcement actions against those persons shall be suspended, until all applicable agencies have resolved the original conflict and provided clear direction on how to achieve compliance with the previously conflicting requirements.