AB 2326

AB2326:v98#DOCUMENT

Bill Start

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Assembly Bill

No. 2326

An act to amend Section 7440 of Sections 7271, 7272, 7276, and 7440 of, and to repeal Section 7272.5 of, the Food and Agricultural Code, relating to weeds, and making an appropriation therefor.

LEGISLATIVE COUNSEL'S DIGEST

AB 2326, as amended, Committee on Agriculture. 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 of Food and Agriculture department a Broomrape Program. Existing law establishes the Broomrape Board within the department to advise the Secretary of Food and Agriculture secretary 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 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 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.

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.

Digest Key

Vote: MAJORITY Appropriation: YES Fiscal Committee: YES Local Program: YES

Bill Text

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

SECTION 1.

Section 7271 of the Food and Agricultural Code is amended to read:

7271.

(a) The Legislature designates the department as the lead department in noxious weed management and the department is responsible for the implementation of this article in cooperation with the Secretary of the Natural Resources Agency.

(b) There is hereby created in the Department of Food and Agriculture Fund the Noxious Weed Management Account.

(c) Moneys appropriated for expenditure by the secretary for the purposes of this article may be spent without regard to fiscal year and shall be allocated as follows:

(1) Sixty percent of the moneys in the account shall be made available to eligible weed management areas or county agricultural commissioners for the control and abatement of noxious and invasive weeds according to an approved integrated weed management plan. These control moneys shall be made available through a grant program administered by the department. Proposals shall be evaluated based on the strategic importance for local and regional eradication of high priority noxious and invasive weeds.

(2) (A) Twenty percent shall be made available toward 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. These moneys shall be made available to qualified applicants through a grant program administered by the department. Proposals shall be evaluated in consultation with the Range Management Advisory Committee, established pursuant to Section 741 of the Public Resources Code, with an emphasis placed on funding of needs-based, applied, and practical research.

(B)For purposes of this paragraph, a qualified applicant includes nonprofits, publicly funded educational institutions, state and local agencies, and California Native American tribes.

(B) For purposes of this paragraph, “qualified applicant” includes a county agricultural commissioner, resource conservation district, or other entity chosen by a weed management area to serve as its fiscal agent.

(3) Twenty percent shall be made available to the department, and shall only be used for the following purposes:

(A) Carrying out the provisions of this article.

(B) Developing noxious weed control strategies.

(C) Seeking new, effective biological control agents for the long-term control of noxious weeds.

(D) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.

(E) Appointing a noxious weed coordinator and weed mapping specialist to assist in weed inventory, mapping, and control strategies.

SEC. 2.

Section 7272 of the Food and Agricultural Code is amended to read:

7272.

(a) To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a weed management area, as defined in subdivision (b), shall be formed in a county or other geographic area.

(b) A “weed management area” is a local organization that brings together all interested landowners, land managers (private, city, county, state, and federal), special districts, and the public in a county or other geographical geographic area for the purpose of coordinating and combining their action and expertise to deal with their common weed control problems. A given geographic area may only be part of a single weed management area. The organization shall function under the authority of a mutually developed memorandum of understanding and subject to statutory and regulatory requirements. A weed management area may be voluntarily governed by a chairperson or a steering committee.

(c) Not more than 10 25 percent of the noxious weed management funds distributed to a weed management area subject to this section may be used by that local organization for meeting, travel, administration, and coordination costs.

(d) Each weed management area within the state shall create an integrated weed management plan for the management of noxious weeds within that area. The plan shall be submitted to the department for review, approval, and funding.

(e) The goals of an integrated weed management plan shall include, but not be limited to, all of the following:(1) Increase the profitability and value of cropland and rangeland.(2) Decrease the costs of roadside, park, and waterway maintenance.(3) Reduce the fire hazard and fire control costs in the state.(4) Protect the biodiversity of native ecosystems.(5) Maintain the recreational and aesthetic value of open space, recreational, and public areas.(6) Increase water supply and flow.(f) Funds distributed pursuant to this section shall be used for any of the following purposes:(1) Operating a program by a county agricultural commissioner for control of noxious or invasive weeds along county roads and other local government-owned property.(2) Matching funds for control of noxious weeds on city owned streets, parks, rights-of-way, and other public areas.(3) Disseminating biological control agents by a county agricultural commissioner for the long-term control of yellow starthistle or other noxious weeds.(4) Abatement of noxious weed infestations on land vital to the success of the program.

(e)

(g) The secretary and weed management areas shall consider the use of the California Conservation Corp and local conservation corps to assist in implementing integrated weed management plans pursuant to this article.

(f)

(h) If feasible, the integrated weed management plan established pursuant to subdivision (d) shall prioritize a cost-share plan.

SEC. 3.

Section 7272.5 of the Food and Agricultural Code is repealed.

7272.5.

(a)To be eligible to receive funding from the Noxious Weed Management Account pursuant to this article, a county agricultural commissioner shall submit an integrated weed management plan to implement an aggressive control program for noxious weeds. The goals of the program shall include, but not be limited to, the following:

(1)Increase the profitability and value of cropland and rangeland.

(2)Decrease the costs of roadside, park, and waterway maintenance.

(3)Reduce the fire hazard and fire control costs in the state.

(4)Protect the biodiversity of native ecosystems.

(5)Maintain the recreational and aesthetic value of open space, recreational, and public areas.

(6)Increase water supply and flow.

(b)Funds dispersed pursuant to this section shall be allocated on the basis of the total number of infested acres in each county and the degree of infestation that exists in the counties, and shall only be used for the following purposes upon submission of a plan approved by county boards of supervisors and the department:

(1)Operation of programs by the county agricultural commissioner for control of noxious weeds along county roads and other local government owned property.

(2)Matching funds for control of noxious weeds on city owned streets, parks, rights-of-way, and other public areas.

(3)Disseminating biological control agents by the county agricultural commissioner for the long-term control of yellow starthistle or other noxious weeds.

(4)Abatement of noxious weed infestations on land vital to the success of the program.

(5)Not more than 10 percent of the noxious weed management funds distributed to a county agricultural commissioner subject to this section may be used by that commissioner for meeting, travel, administration, and coordination costs.

SEC. 4.

Section 7276 of the Food and Agricultural Code is amended to read:

7276.

(a) The Adopt-A-Riverway Fund is hereby established in the State Treasury. The fund is a trust fund and shall contain money and any other proceeds donated, appropriated, transferred, or otherwise received for purposes pertaining to the Adopt-A-Riverway Program. The secretary may collect for deposit into the fund, gifts, donations, bequests, and moneys made available from federal, state, and local sources.

(b) Notwithstanding subdivision (c) of Section 7271, the secretary of the department shall award grants from the Adopt-A-Riverway Fund to weed management areas, as defined by subdivision (b) of Section 7272, for the purpose of integrated weed management along riverways and in riparian habitats consistent with Sections 7272 and 7272.5. Section 7272.

(c) Notwithstanding subdivision (c) of Section 7271, the secretary of the department may award grants from the Adopt-A-Riverway Fund to nonprofit organizations for integrated weed management along riverways and in riparian habitats. The department shall establish regulations for grant eligibility and award pursuant to this subdivision.

(d) Fifteen percent of the total moneys in the Adopt-A-Riverway Fund shall be made available to the department, to be used only for the following purposes:

(1) Carrying out the provisions of this article.

(2) Developing of noxious weed control strategies.

(3) Seeking new, effective biological control agents for the long-term control of noxious weeds.

(4) Conducting private and public workshops as needed to discuss and plan weed management strategies with all interested and affected local, state, and federal agencies, private landowners, educational institutions, interest groups, and county agricultural commissioners.

(e) Upon receipt of donations to the fund totaling a minimum of one hundred thousand dollars ($100,000), up to 5 percent of any individual donation of five thousand dollars ($5,000) or more may be used for courtesy signs to be produced, placed, and maintained pursuant to Chapter 2 (commencing with Section 1975) of Division 2.7 of the Streets and Highways Code.

(f) All startup costs incurred by the state in establishing the Adopt-A-Riverway Program shall be reimbursed to the General Fund from the Adopt-A-Riverway Fund before any money or other proceeds in the fund may be expended for program purposes or transferred by grant award.

SECTION 1.SEC. 5.

Section 7440 of the Food and Agricultural Code is amended to read:

7440.

This chapter shall become inoperative on July 1, 2030, and, as of January 1, 2031, is repealed.

SEC. 2.SEC. 6.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.