Agriculture: neglected or abandoned crops: public nuisances: pests.
What changed between versions
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.
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.
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.
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.
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).
The fiscal committee designation changed from 'no' to 'yes,' indicating the bill now has a state fiscal impact requiring fiscal committee review.