AB 2326: Noxious weed management: Broomrape Program: extension.

Existing law designates the Department of Food and Agriculture as the lead department in noxious weed management and requires the department, in cooperation with the Secretary of the Natural Resources Agency, to implement provisions relating to noxious weed management. Existing law creates the Noxious Weed Management Account and requires moneys appropriated from the account for expenditure by the Secretary of Food and Agriculture to be allocated, by percentage, for specified purposes, including, among others, 60% to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds, and 20% to qualified applicants, as defined, for research on the biology, ecology, or management of noxious and invasive weeds, the mapping, risk assessment, and prioritization of weeds, the prevention of weed introduction and spread, and education and outreach activities, as specified. Existing law requires a weed management area, as defined, to be formed in a county or other geographic area as a condition of eligibility for funds from the Noxious Weed Management Account. Existing law requires each weed management area or county agricultural commissioner to submit an integrated weed management plan to the department for review, approval, and funding. Existing law prohibits more than 10% of the noxious weed management funds distributed to a weed management area from being used for meeting, travel, administration, and coordination costs.

This bill would make the 60% of the moneys in the Noxious Weed Management Account allocated for the control and abatement of noxious and invasive weeds only available to eligible weed management areas, as provided. The bill would revise the requirements for an integrated weed management plan submitted by a weed management area to include specific goals and purposes, as provided. The bill would revise the definition of “qualified applicant” for purposes of the 20% of the moneys in the account allocated for research and other purposes. The bill would specify that a given geographic area may only be part of a single weed management area and would prohibit more than 25%, rather than 10%, of the noxious weed management funds distributed to a weed management area from being used for meeting, travel, administration, and coordination costs.

Existing law, until July 1, 2028, establishes in the department a Broomrape Program. Existing law establishes the Broomrape Board within the department to advise the Secretary of Food and Agriculture and make recommendations on all matters relating to broomrape, as specified. Existing law requires the board to recommend specified actions to the secretary, including, among other things, conducting research related to broomrape, surveying, detecting, analyzing, and treating causes of broomrape, and establishing an annual assessment rate or schedule of rates to be paid equally by producers and handlers of tomatoes. Existing law, for purposes of the program, defines “person” as a producer, handler, or any other entity that holds title to tomatoes subject to assessment pursuant to these provisions.

Existing law creates the Broomrape Management Account, a continuously appropriated account, in the Department of Food and Agriculture Fund and specifies the funds to be deposited into the account. Existing law provides that a violation of the Food and Agricultural Code is a misdemeanor, unless a different penalty is expressly provided.

This bill would instead define “person” for purposes of the program as a producer, handler, or any other entity that holds title to a commodity subject to assessment pursuant to these provisions, and would define “commodity” for these purposes as tomatoes intended for processing and any other commodity impacted by broomrape, as specified by the secretary, and would make conforming changes. The bill would extend the operation of the Broomrape Program by 2 years until July 1, 2030. By extending the secretary’s authority to expend moneys in a continuously appropriated account, the bill would make an appropriation. By extending the operation of crimes within the program, the bill would impose a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.