2007 California Food and Agricultural Code Article 8. Pierce\'s Disease

CA Codes (fac:6045-6047)

6045.  (a) The Legislature hereby finds and declares that the plant
killing bacterium, Xyella Fastidiosa and the resulting pathogen,
Pierce's disease, and its vectors present a clear and present danger
to California's fifty billion dollar grape industry, as well as to
many other commodities and plant life.
   (b) There exists an ongoing need for at least fifteen million
dollars (,000,000) annually in research and programs to combat
Pierce's disease and its vectors in California.




6046.  (a) There is hereby created in the Department of Food and
Agriculture the Pierce's Disease Control Program.
   (b) The Governor shall appoint a statewide coordinator, and the
secretary shall provide an appropriate level of support staffing and
logistical support for combating Pierce's disease and its vectors.
   (c) (1) There is hereby created the Pierce's Disease Management
Account in the Food and Agriculture Fund.
   (2) The account shall consist of money transferred from the
General Fund and money made available from federal, industry, and
other sources.  Money made available from federal, industry, and
other sources shall be available for expenditure without regard to
fiscal year for the purpose of combating Pierce's disease or its
vectors.  State general funds to be utilized for research shall only
be expended when the secretary has received commitments from nonstate
sources for at least a 25-percent match for each state dollar to be
expended.
   (d) The funds appropriated pursuant to this section to the Food
and Agriculture Fund for the purpose of combating Pierce's disease
and its vectors shall be used for costs that are incurred by the
state or by local entities during and subsequent to the fiscal year
of the act that added this section for the purpose of research  and
other efforts to combat Pierce's disease and its vectors.
   (e) Whenever, in any county, funds are allocated by the Department
of Food and Agriculture for local assistance regarding Pierce's
disease and its vectors, those funds shall be made available to a
local public entity, or local public entities, designated by that
county's board of supervisors.
   (f) Funds appropriated for local assistance shall not be allocated
to the local public entity until the local public entity creates a
Pierce's disease work plan that is approved by the department.  Any
funds allocated by the department to a designated local public entity
shall be utilized for activities consistent with the local Pierce's
disease work plan or other programs or work plans approved by the
department.  It shall be the responsibility of the designated local
public entity to develop and implement the local Pierce's disease
work plan.  Upon request, the department shall provide consultation
to the local public entity regarding its work plan.
   (g) The work plan created by the designated local public entity
shall include, but is not limited to, all of the following:
   (1) In coordination with the department, the development and
delivery of producer outreach information and training to local
communities, groups, and individuals to organize their involvement
with the work plan and to raise awareness regarding Pierce's disease
and its vectors.
   (2) In coordination with the department, the development and
delivery of ongoing training of the designated local public entity's
employees in the biology, survey, and treatment of Pierce's disease
and its vectors.
   (3) The identification within the designated local public entity
of a local Pierce's disease coordinator.
   (4) The proposed treatment of Pierce's disease and its vectors.
Treatment programs shall comply with all applicable laws and
regulations and shall be conducted in an environmentally responsible
manner.
   (5) In coordination with the department, the development and
implementation of a data collection system to track and report new
infestations of Pierce's disease and its vectors in a manner
respectful of property and other rights of those affected.
   (6) On an annual basis, while funds appropriated by this section
are available for encumbrance, the department shall review the
progress of each local public entity's activities regarding Pierce's
disease and its vectors and, as needed, make recommendations
regarding those activities to the local public entity.
   (h) Notwithstanding Section 7550.5 of the Government Code, the
department shall report to the Legislature on January 1, 2001, and
each January 1 while this section is operative, regarding its
expenditures, progress, and ongoing priorities in combating Pierce's
disease and its vectors in California.
   (i) This article shall become inoperative on March 1, 2011, and as
of January 1,  2012, is repealed, unless a later enacted statute
that is enacted before January 1, 2012, deletes or extends the dates
on which it becomes inoperative and is repealed.



6047.  The secretary may establish, maintain, and enforce
regulations consistent with the intent of the Legislature as
expressed in this article as may be necessary to interpret, clarify,
or implement this article.  This authority shall be liberally
construed to effectuate the intent of this article.