AMENDED IN SENATE JUNE 8, 2026

AMENDED IN ASSEMBLY JANUARY 5, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Ransom

(Coauthors: Assembly Members Aguiar-Curry, Alanis, Jeff Gonzalez, and Hadwick)

January 13, 2025

An act to amend Sections 6046, 6047.2, 6047.3, 6047.3.5, 6047.19, 6047.21, 6047.22, 6047.23, 6047.27, and 6047.29 of, to amend the heading of Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4 of, to add Section 6047.31 to, and to repeal and add Section 6047.20 of, the Food and Agricultural Code, relating to pest control, and making an appropriation therefor.

Vote: majority   Appropriation: yes   Fiscal committee: yes   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

(1) Existing law establishes the Pierce’s Disease Control Program in the Department of Food and Agriculture, and the Pierce’s Disease Management Account in the Department of Food and Agriculture Fund. Existing law allows certain money in this account to be expended to combat Pierce’s disease and its vectors, including the glassy-winged sharpshooter, and for purposes relating to other designated pests and diseases, as provided. Existing law makes these provisions inoperative on March 1, 2031.

This bill would extend the operation of these provisions indefinitely, except that the bill would make these provisions inoperative on a specified date if the Secretary of Food and Agriculture finds that a favorable vote in a referendum has not been given for the continued implementation of the provisions regarding the Winegrape Pest and Disease Prevention Board, as described below. By extending the operation of a partially continuously appropriated fund, this bill would make an appropriation.

(2) Existing law creates in the department the Pierce’s Disease and Glassy-winged Sharpshooter Board, which consists of specified members, and prescribes the functions and duties of the board with respect to implementation of the Pierce’s disease program. Existing law provides for an annual assessment to be paid by grape processors, as defined, into the Department of Food and Agriculture Fund and continuously appropriates the collected funds for the purposes of, among other things, research and other activities related to the Pierce’s disease program. Existing law repeals these provisions on March 1, 2031.

This bill would change the name of the board to the Winegrape Pest and Disease Prevention Board.

This bill would extend the operation of the provisions concerning the board indefinitely, except that this bill would require the Secretary of Food and Agriculture, no later than June 30, 2030, and at least once every 5 years thereafter, to hold one or more public hearings to determine whether the operation of these provisions should be continued. If the secretary makes a specified finding after one of those hearings, the bill would require the secretary to conduct a referendum on the continued operation of the board. If the secretary finds that a favorable vote in the referendum has not been given for the continued operation of the board, the bill would end the operation of the board as of March 1 of the calendar year immediately following the calendar year in which the referendum is held.

By extending the date until which the assessments are collected and deposited into a continuously appropriated fund, the bill would make an appropriation.

(3) Existing law, until March 1, 2031, requires the Secretary of Food and Agriculture to appoint an advisory task force for the purpose of advising the secretary on the control and management of Pierce’s disease.

This bill would also require the task force to advise the Secretary of Food and Agriculture on the control and management of other designated pests and diseases. The bill would extend the operation of the task force indefinitely, subject to becoming inoperative if the operation of the Winegrape Pest and Disease Prevention Board is discontinued.

(4) 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 people of the State of California do enact as follows:

SECTION 1.

Section 6046 of the Food and Agricultural Code is amended to read:

6046.

(a) There is hereby created in the department the Pierce’s Disease Control Program.

(b) The secretary shall appoint a statewide coordinator and 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 Department of 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 and for the purpose described in Section 6047.30. State general funds to be used for research shall be expended only 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 Department of 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 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 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 used 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. A treatment program 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.

(h) 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.

(i) If Article 8.5 (commencing with Section 6047.1) becomes inoperative pursuant to Section 6047.27 as a result of the secretary making a finding that a favorable vote in the referendum has not been given, this article shall become inoperative on March 1 on the fifth calendar year following the calendar year in which the referendum is held, and as of January 1 of the following calendar year, is repealed.

SEC. 2.

The heading of Article 8.5 (commencing with Section 6047.1) of Chapter 9 of Part 1 of Division 4 of the Food and Agricultural Code is amended to read:

Article 8.5. Winegrape Pest and Disease Prevention

SEC. 3.

Section 6047.2 of the Food and Agricultural Code is amended to read:

6047.2.

For the purposes of this article, the following definitions apply:

(a) “Board” means the Winegrape Pest and Disease Prevention Board.

(b) “Department” means the Department of Food and Agriculture.

(c) “Marketing season” begins July 1 of each year and ends June 30 of the next year.

(d) “Producer” means a grower, including a cooperative, of grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy.

(e) “Processor” means a processor who crushes grapes in California for wine, wine vinegar, juice, concentrate, or beverage brandy.

(f) “Person” means a producer, processor, or any other entity that holds title to grapes subject to assessment.

(g) “Purchase” means the taking by sale, discount, negotiation, mortgage, pledge, lien, issue or reissue, gift, or any other voluntary transaction creating an interest in property. For purposes of this subdivision, “sale” shall consist of the passing of title from the seller to the buyer for a price.

(h) “Purchased grapes” means grapes grown in California, crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, and purchased from a person considered a separate entity from the purchaser.

(i) “Grapes not purchased” means all other grapes grown in California and crushed by a processor for wine, wine vinegar, juice, concentrate, or beverage brandy, including, but not limited to, the following:

(1) Grapes grown by a person who is not considered a separate entity from the processor or who is a member of the processor cooperative.

(2) Grapes not purchased and crushed to the account of a person who retains ownership of the grapes.

(j) “Secretary” means the Secretary of Food and Agriculture.

(k) “Other designated pests and diseases” means pests and diseases designated by the secretary as provided in Section 6047.30.

SEC. 4.

Section 6047.3 of the Food and Agricultural Code is amended to read:

6047.3.

(a) The secretary shall create in the department the Winegrape Pest and Disease Prevention Board, which shall consist of at least 14, but not more than 15 members, of which eight shall be representatives of producers who are not also processors and six shall be representatives of processors who are also producers.

(b) The secretary shall appoint the members of the board from recommendations received from the industry. In making the appointments, the secretary shall select no more than one person from a producer or processor entity and shall ensure that there is representation on the board from each of the major grape production areas in the state.

(c) The secretary may appoint one additional member to the board, from nominees received from the board, who shall serve as the public member. The public member shall represent the interests of the public in all matters coming before the board and shall have the same voting and other rights and immunities as other members of the board.

(d) The secretary and other appropriate individuals, as determined by the board, shall be nonvoting ex officio members of the board.

(e) It is hereby declared, as a matter of legislative determination, that persons appointed to the board are intended to represent and further the interests of the industry concerned, and that this representation and furtherance is intended to serve the public interest. Accordingly, the Legislature finds that, with respect to persons who are appointed to the board, the industry concerned is tantamount to, and constitutes, the public generally within the meaning of Section 87103 of the Government Code.

SEC. 5.

Section 6047.3.5 of the Food and Agricultural Code is amended to read:

6047.3.5.

Notwithstanding any other law, the secretary, upon the recommendation of the board, may contract with any nonprofit authoritative scientific body with expertise in agricultural issues in order to expedite research relating to the prevention of Pierce’s disease and other designated pests and diseases.

SEC. 6.

Section 6047.19 of the Food and Agricultural Code is amended to read:

6047.19.

(a) On or before December 31 of every year, the secretary, after consultation with the board, shall make publicly available on the department’s internet website, a report on the status of this article and Article 8 (commencing with Section 6045), including, but not limited to, program expenditures, progress, and ongoing priorities in combating Pierce’s disease and its vectors and other designated pests and diseases in California for the previous calendar year.

(b) The report shall include a financial accounting, including the distribution of industry assessments and any unexpended amount on deposit, of the department’s efforts to contain Pierce’s disease and its vectors and other designated pests and diseases.

SEC. 7.

Section 6047.20 of the Food and Agricultural Code is repealed.

SEC. 8.

Section 6047.20 is added to the Food and Agricultural Code, to read:

6047.20.

No later than June 30, 2030, the secretary shall hold one or more public hearings to determine whether the operation of this article should be continued. Thereafter, the secretary shall conduct the review process as necessary, but not less frequent than once every five years.

SEC. 9.

Section 6047.21 of the Food and Agricultural Code is amended to read:

6047.21.

(a) (1) If the secretary finds after the hearing conducted pursuant to Section 6047.20 that a substantial question of opposition does not exist among affected producers under this article, the operation of this article shall continue in effect without a referendum.

(2) If the secretary finds after the hearing conducted pursuant to Section 6047.20 that a substantial question of opposition exists among affected producers under this article regarding whether the operation of this article should be continued, the secretary shall submit the article for approval using the following voting procedures set forth in this section and Sections 6047.22 to 6047.27, inclusive. If the secretary determines the requirement for referendum has been met, the secretary shall establish a list of persons eligible to vote on the continued implementation of this article.

(3) As used in this subdivision, “substantial question of opposition” means opposition to the substance of the petition among currently affected producers and is not intended to mean a particular number of producers.

(b) Eligibility shall be limited to the producers, processors, and persons who paid the assessment on grapes crushed in the immediately preceding marketing season.

(c) (1) In establishing the list, the secretary may require processors, producers, and others to submit the names, mailing addresses, and assessment values of all producers who paid the assessment on grapes crushed in the immediately preceding marketing season.

(2) The information required by the secretary shall be filed either with the information submitted to the department pursuant to Sections 55601.5 and 55601.6 or no later than 30 days following receipt of a written notice from the secretary requesting the information.

(d) Any producer whose name does not appear on the secretary’s list may have their name added to the list by filing with the secretary a signed statement identifying themselves as a producer that paid an assessment during the most recent marketing season.

SEC. 10.

Section 6047.22 of the Food and Agricultural Code is amended to read:

6047.22.

For the purpose of voting in the referendum required in Section 6047.21, only a person required to pay the assessment pursuant to Section 6047.8 shall have the right to vote.

SEC. 11.

Section 6047.23 of the Food and Agricultural Code is amended to read:

6047.23.

In determining whether this article shall become inoperative, the secretary shall find that either one of the following occurred:

(a) Sixty-five percent or more of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid a majority of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum.

(b) A majority of the persons who voted in the referendum voted in favor of this article, and the persons who voted paid 65 percent or more of the assessment dollars on grapes in the preceding marketing season that were paid by all the persons who voted in the referendum.

SEC. 12.

Section 6047.27 of the Food and Agricultural Code is amended to read:

6047.27.

(a) (1) If the secretary finds that a favorable vote as provided in this article has not been given, this article, except as provided in Sections 6047.29 and 6047.31, shall become inoperative as of March 1 of the calendar year immediately following the calendar year in which the referendum is held.

(b) If the secretary finds that a favorable vote has been given as provided in this article, the secretary shall certify and give notice of the favorable vote to all persons whose names and addresses may be on file with the secretary as provided in Section 6047.21.

SEC. 13.

Section 6047.29 of the Food and Agricultural Code is amended to read:

6047.29.

(a) The secretary shall appoint an advisory task force consisting of scientific experts, including, but not limited to, university researchers and agricultural representatives, for the purpose of advising the secretary on the control and management of Pierce’s disease and other designated pests and diseases.

(b) Members of the advisory task force, or alternate members when acting as members, may be reimbursed, upon request, for necessary expenses incurred by them in the performance of their duties.

(c) Notwithstanding Section 6047.27, if this article becomes inoperative pursuant to Section 6047.27 as a result of the secretary making a finding that a favorable vote in the referendum has not been given, this section shall become inoperative on March 1 on the fifth calendar year following the calendar year in which the referendum is held.

SEC. 14.

Section 6047.31 is added to the Food and Agricultural Code, to read:

6047.31.

If this article becomes inoperative pursuant to Section 6047.27, this article shall be repealed as of January 1 of the calendar year following the calendar year that Section 6047.29 becomes inoperative.

SEC. 15.

The Legislature finds and declares that Sections 6047.5 and 6047.13 of the Food and Agricultural Code, which are extended pursuant to Section 6 of this act, which amends Section 6047.19 of the Food and Agricultural Code, impose a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this limitation and the need for protecting that interest:

In order to protect the personal and financial information of a person subject to the act, it is necessary that this act limit the public’s right of access to that information.