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

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Date Published: 09/05/2018 09:00 PM
AB1165:v92#DOCUMENT

Enrolled  September 05, 2018
Passed  IN  Senate  August 27, 2018
Passed  IN  Assembly  August 31, 2018
Amended  IN  Senate  August 21, 2018
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, Caballero. Agriculture: Agricultural Sustainability Council: 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 Sustainability Council, with a prescribed membership from specified state agencies, to plan for regulatory alignments that would aid grower compliance, reduce costs to the agriculture industry, and protect the environment. The bill would authorize the council, if the council determines that there is an efficient and cost-effective manner to achieve regulatory alignments that aid grower compliance without weakening, in any manner, the application of a law for the protection of public health, the environment, consumer protection, or worker safety, to adopt that determination as a recommendation. The bill would require the council to provide an opportunity for public input and comment, as prescribed, before the council adopts a recommendation. Upon the council’s adoption of a recommendation, the bill would require the council to forward that recommendation to the applicable state agency, as defined.
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 Sustainability Council

80500.
 For purposes of this division, “state agency” includes every state office, officer, department, division, bureau, board, or commission.

80501.
 The Agricultural Sustainability Council is hereby established in the state government and shall consist of the Secretary of Food and Agriculture, the President of the State Board of Food and Agriculture, the Secretary of the Natural Resources Agency, the Secretary for Environmental Protection, the Director of Water Resources, the Executive Director of the State Water Resources Control Board, the Chairperson of the State Air Resources Board, and the Director of Pesticide Regulation, or their designated representatives, and two additional members from the State Board of Food and Agriculture designated by the president of the board. 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 state agency.

80502.
 The Secretary of Food and Agriculture shall be the chair of the council.

80503.
 (a) 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:
(1) Council members are meeting as members of the Governor’s cabinet.
(2) Council staff and member agency staff are meeting to discuss, but not take final action on, any of the following:
(A) State agency coordination to improve regulatory compliance efficiency.
(B) Preliminary policy recommendations and investment strategies to the Governor, the Legislature, and appropriate state agencies to encourage the streamlining of agricultural industry regulation compliance.
(b) The council shall consider and plan only for matters that are within the jurisdiction and control of the council members’ respective agencies.

80504.
 (a) If the council determines that there is an efficient and cost-effective manner to achieve regulatory alignments that aid grower compliance without weakening, in any manner, the application of a law for the protection of public health, the environment, consumer protection, or worker safety, the council may adopt that determination as a recommendation and shall forward that recommendation to the applicable state agency.
(b) The council shall provide an opportunity for public input and comment, consistent with any applicable requirements set forth in Article 5 (commencing with Section 11346) of Chapter 3.5 of Part 1 of Division 3 of Title 2 of the Government Code, before taking any action under subdivision (a).