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AB-2745 Agricultural pests: public nuisance: civil penalty.(2023-2024)



Current Version: 09/05/24 - Enrolled

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AB2745:v96#DOCUMENT

Enrolled  September 05, 2024
Passed  IN  Senate  August 31, 2024
Passed  IN  Assembly  August 31, 2024
Amended  IN  Senate  August 13, 2024
Amended  IN  Senate  June 10, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 2745

Introduced by Assembly Member Mathis
(Coauthor: Assembly Member Alanis)

February 15, 2024

An act to add and repeal Section 5402.5 of the Food and Agricultural Code, relating to pests.


LEGISLATIVE COUNSEL'S DIGEST


AB 2745, Mathis. Agricultural pests: public nuisance: civil penalty.
Under existing law, any premises, plants, conveyances, or things that are infected or infested with a pest, or premises where any pest is found, are a public nuisance and may be abated pursuant to a specified procedure. Existing law makes it unlawful for any person to maintain that public nuisance. Under existing law, each county agricultural commissioner, acting under the supervision of the Secretary of Food and Agriculture, is an enforcing officer of all laws and regulations that relate to the prevention of the introduction into, or the spread within, the state of pests. For purposes of these provisions, existing law defines “pest” to mean specified things that are, or are liable to be, dangerous or detrimental to the agricultural industry of the state.
Existing law authorizes the secretary or a county agricultural commissioner, in lieu of specified civil actions, and except as specified, to levy a civil penalty against a person violating specified provisions relating to plant quarantine and pest control, not to exceed $2,500 for each violation.
This bill would authorize a county agricultural commissioner, in lieu of those civil and administrative actions, to levy a civil penalty against a person who maintains a public nuisance that is in violation of the above-described provision and that meets other specified criteria. The bill would require the civil penalty to be levied in accordance with specified procedures, including a requirement that the person charged with the violation receive notice of the nature of the violation and be given an opportunity to be heard. If the person takes a good faith action to rectify the violation within 15 days of receiving notice, the bill would provide that the person is not liable for that civil penalty. The bill would require that civil penalty to be in an amount of up to $500 for each acre of property found to be in violation and would authorize that amount to be increased to up to $1,000 per acre if the person does not take a good faith action to rectify the public nuisance within 30 days of issuance of the original civil penalty. The bill would authorize the person to appeal the levy of a civil penalty to the secretary within 10 days of the date of receiving notification of the penalty, as specified. The bill would repeal these provisions on January 1, 2035.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

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


SECTION 1.

 Section 5402.5 is added to the Food and Agricultural Code, to read:

5402.5.
 (a) In lieu of a civil action initiated pursuant to Section 5310 or an administrative action initiated pursuant to Section 5311, a commissioner may levy a civil penalty against a person for a violation of Section 5402 if the violation constitutes a nuisance to an adjoining or nearby property and the violation results in economic or ecological damage or would result in economic or ecological damage if the nuisance is not abated. A civil penalty levied pursuant to this section shall be in an amount of up to five hundred dollars ($500) for each acre of property found to be in violation of Section 5402, as described in this subdivision.
(b) (1) A minimum of 15 days before a civil penalty is levied pursuant to subdivision (a), the person charged with the violation shall receive notice of the nature of the violation and shall be given an opportunity to be heard. This shall include the right to review the evidence and a right to present evidence on their own behalf.
(2) The notice shall include the internet website of the University of California Statewide Integrated Pest Management Program.
(3) Upon service of the notice, the commissioner shall refer the person charged with the violation to the nearest University of California Cooperative Extension service office.
(4) If the person charged with the violation cannot, after a reasonable search, be found within the county, the notice shall be served by posting copies of it in three conspicuous places upon the property or premises or by mailing a copy of it to the owner of the property or premises at their last known address.
(5) (A) The notice shall include, either within the notice or in a separate document that accompanies the notice, a statement that reads: “This is a notice of a violation of Section 5402 of the California Food and Agricultural Code, relating to maintaining a public nuisance. This notice of a violation has been issued by your county’s agricultural commissioner. For more information or assistance, please contact their office. Do not ignore this notice.”
(B) The statement described in subparagraph (A) shall be in both English and in any other language of which over 10 percent of the persons residing within the county speak only that other language.
(c) If the person charged with the violation takes a good faith action to rectify the violation within 15 days of receiving notice pursuant to subdivision (b), the person shall not be liable for a civil penalty pursuant to subdivision (a).
(d) If the person charged with the violation does not take a good faith action to rectify the violation within 30 days from the issuance of a civil penalty pursuant to subdivision (a), the commissioner may increase the previously issued civil penalty to up to one thousand dollars ($1,000) for each acre of property found to be in violation of Section 5402, as described in subdivision (a).
(e) Subdivision (d) of Section 5311 shall apply to any civil penalty levied pursuant to this section.
(f) Any moneys recovered by the commissioner pursuant to this section shall be deposited into the county general fund in the county in which the action is brought and shall be allocated to the commissioner to cover costs related to the enforcement of this division.
(g) This section shall remain in effect only until January 1, 2035, and as of that date is repealed.