CaliforniaAgriculture: neglected or abandoned crops: public nuisances: pests.
What it does
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.
More detail
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.
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Where it stands
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2025
- Oct 7Chaptered by Secretary of State - Chapter 440, Statutes of 2025.Latest
- Oct 7Approved by the Governor Gavin Newsom.Became Law
- Sep 24Enrolled and presented to the Governor at 3 p.m.To Governor
- Sep 13Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 72. Noes 0. Page 3510.).Major
- Vote recorded AB 732 MACEDO Concurrence in Senate Amendments. Result: pass.Lower
- Sep 13Assembly Rule 63 suspended. (Page 3477.)
- Sep 13Joint Rules 61(a)(14) and 51(a)(4) suspended. (Ayes 59. Noes 20. Page 3413.)
- Sep 13In Assembly. Concurrence in Senate amendments pending.
- Sep 12Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 3005.).Passed Senate
- Vote recorded 3rd Reading AB732 Macedo By McNerney. Result: pass.Upper
- Sep 4Read second time. Ordered to third reading.Minor
- Sep 3Read third time and amended. Ordered to second reading.Major
- Aug 20Read second time. Ordered to third reading.Minor
- Aug 19From committee: Be ordered to second reading pursuant to Senate Rule 28.8.Minor
- Jul 16From committee: Do pass and re-refer to Com. on APPR. (Ayes 13. Noes 0.) (July 15). Re-referred to Com. on APPR.Minor
- Jul 15
- Vote recorded Do pass, but first be re-referred to the Committee on [Appropriations]. Result: pass.Upper
- Jul 1From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 0.) (July 1). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass, but first be re-referred to the Committee on [Judiciary]. Result: pass.Upper
- Jun 17From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on AGRI.Major
- Jun 12In committee: Set, first hearing. Hearing canceled at the request of author.
- May 21Referred to Coms. on AGRI. and JUD.Minor
- May 8In Senate. Read first time. To Com. on RLS. for assignment.Minor
- Vote recorded AB 732 Macedo Consent Calendar Second Day. Result: pass.Lower
- May 8Read third time. Passed. Ordered to the Senate. (Ayes 69. Noes 0. Page 1486.)Passed Assembly
- May 1Read second time. Ordered to Consent Calendar.Minor
- Apr 30From committee: Do pass. To Consent Calendar. (Ayes 14. Noes 0.) (April 30).Minor
- Vote recorded Do pass. To Consent Calendar. Result: pass.Lower
- Apr 22From 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.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar. Result: pass.Lower
- Apr 9From committee: Do pass and re-refer to Com. on JUD. (Ayes 8. Noes 0.) (April 9). Re-referred to Com. on JUD.Minor
- Vote recorded Do pass and be re-referred to the Committee on [Judiciary]. Result: pass.Lower
- Mar 25Re-referred to Com. on AGRI.Minor
- Mar 24From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.Major
- Mar 24Referred to Coms. on AGRI. and JUD.Minor
- Feb 19From printer. May be heard in committee March 21.
- Feb 18Read first time. To print.Introduced