AB 732 California Assembly · 2025-2026 Regular Session

Agriculture: neglected or abandoned crops: public nuisances: pests.

Summary
Under existing law, a neglected or abandoned plant or crop is a public nuisance if it is a menace to the agriculture of the county, district, or vicinity because of the existence of any pest, in or on it, or other condition, or if it is a host plant of, or provides a favorable or likely harbor for, any pest. Existing law defines "pest" for these purposes as an infectious, transmissible, or contagious disease of a plant, disorder of a plant that manifests symptoms or behavior characteristic of an infectious, transmissible, or contagious disease, form of animal life, or form of vegetable life, that is, or is liable to be, dangerous or detrimental to the agricultural industry of the state. Existing law prohibits a person from maintaining a neglected or abandoned plant or crop that is a public nuisance. Existing law requires a county agricultural commissioner, in writing, to notify the owner of record or person in charge of a property that has a neglected or abandoned plant or crop that the commissioner has found to be a public nuisance, of the need to remove or destroy the neglected or abandoned plant or crop, as specified. If the removal or destruction of the neglected or abandoned plant or crop is undertaken by a commissioner, existing law requires the commissioner to cause a notice of lien that describes the land on which the public nuisance exists to be recorded and subjects the land to a lien for any expense that is incurred by the county subsequent to the recording of the notice in the abatement of the nuisance. This bill would authorize a county agricultural commissioner, in lieu of imposing a lien, as described above, to levy a civil penalty against a person who maintains a pest-related public nuisance in violation of the above-described prohibition, and would exclude from the definition of pest a beneficial organism that is used as a biological control agent or a conservation practice standard or on-farm management practice, as specified. 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, as defined, to rectify the violation within 30 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 45 days of issuance of the original civil penalty. The bill would repeal these provisions on January 1, 2035.
Bill status signed all 5 stages cleared
Introduction
Feb 2025
Committee Review
Aug 2025
Assembly Passage
May 2025
Senate Passage
Sep 2025
Signed into Law
Oct 2025
Introduced Feb 18, 2025 Signed Oct 7, 2025
Maddy AI version diff · 6 comparisons

What changed between versions

03/24/25 - Amended Assembly 06/17/25 - Amended Senate · 8 edits · Jun 17, 2025
MODERATE
The Senate amended AB 732 to extend multiple deadlines in the civil penalty process, add a formal definition of 'good faith action,' create a new safe harbor provision protecting biological control organisms and conservation practices from being used as sole evidence of a violation, and drop the Assembly version's amendment to the general Section 5006 pest definition. These changes make it harder for commissioners to impose penalties quickly and provide stronger protections for farmers using beneficial organisms or conservation practices.
TIMELINE

The notice period before a civil penalty can be levied was increased from 15 days to 30 days, giving property owners more time to respond before facing a penalty.

The deadline for a person to take good faith action to rectify a violation after receiving notice was extended from 15 days to 30 days, during which they would not be liable for the civil penalty.

The period before a commissioner may increase a civil penalty from up to $500 per acre to up to $1,000 per acre was extended from 30 days to 45 days after issuance of the original penalty.

DEFINITION

A new definition of 'good faith action' was added, meaning a diligent and honest effort to abate the nuisance identified in the commissioner's notice, as determined by a reasonable person.

ELIGIBILITY

A new safe harbor provision was added stating that the use or presence of a biological control or beneficial organism, or the use of a conservation practice standard or on-farm management practice, cannot constitute sole evidence of a violation. However, this does not limit a commissioner's authority to abate a pest actually harbored by a neglected or abandoned plant or crop.

SCOPE

The Assembly version included an amendment to Section 5006 (the general 'pest' definition in the Food and Agricultural Code) that would have made nonsubstantive changes to that definition. The Senate version dropped this amendment entirely.

TECHNICAL

The civil penalties article was restructured from two sections (5646 for penalty provisions, 5647 for sunset) into three sections (5646 for definitions, 5647 for penalty provisions, 5648 for sunset).

FISCAL

The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has a state fiscal impact requiring fiscal committee review.

Floor votes · Senate Sep 12, 2025 · Assembly May 8, 2025

How they voted

370
Passed · 3 other
Total votes 40
Sep 12, 2025
D Democratic30
29 Yea 1
96% Yea
R Republican10
8 Yea 2
80% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
28
Key actions
13
Committee
11
Amendments
5
Oct 7, 2025
Signed into law
Approved by the Governor.
legislature
Sep 13, 2025
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 3510.).
lower
Sep 13, 2025
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Sep 12, 2025
Upper · Passed
Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 3005.).
upper
Sep 3, 2025
Upper · Passed
Read third time and amended. Ordered to second reading.
upper
Aug 19, 2025
Upper · Passed
From committee: Be ordered to second reading pursuant to Senate Rule 28.8.
upper
Jul 16, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 15). Re-referred to Com. on APPR.
upper
Jul 1, 2025
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (July 1). Re-referred to Com. on JUD.
upper
Jun 17, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI.
upper
Jun 12, 2025
Upper · Passed
In committee: Set, first hearing. Hearing canceled at the request of author.
upper
May 21, 2025
Committee
Referred to Coms. on AGRI. and JUD.
upper
May 8, 2025
Lower · Passed
Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1486.)
lower
Apr 30, 2025
Lower · Passed
From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 30).
lower
Apr 22, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 12. Noes 0.) (April 22). Re-referred to Com. on APPR.
lower
Apr 9, 2025
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 9). Re-referred to Com. on JUD.
lower
Mar 25, 2025
Committee
Re-referred to Com. on AGRI.
lower
Mar 24, 2025
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.
lower
Mar 24, 2025
Committee
Referred to Coms. on AGRI. and JUD.
lower
Feb 19, 2025
Lower · Passed
From printer. May be heard in committee March 21.
lower
1 primary · 0 co-sponsors

Sponsors

Role
Legislator
Party
State
District
P
Photo of Ali Macedo
Ali Macedo
RRepublican
CA
33