California counties would get more authority to act against abandoned orchards that serve as breeding grounds for destructive insects and rodents under a bill in the Legislature.
As policymakers look for new tools to respond to surging pest outbreaks in California, Assembly Bill 732 is moving forward with broad support from trade associations and county agricultural commissioners.
The measure, carried by Assemblymember Alexandra Macedo, R-Tulare, allows county agricultural commissioners to issue civil penalties of up to $500 per acre for neglected properties harboring agricultural pests. That figure can rise to $1,000 per acre if the landowner fails to make good-faith efforts to fix the problem within a designated window. The penalties would serve as an alternative to the cumbersome lien process currently required under California food and agriculture code.
“When these properties are neglected, they become breeding grounds for pests and diseases that threaten farmland, crops and the agricultural economy at large,” said Macedo, during a Senate Agriculture Committee hearing on the bill earlier this month. “Current law only allows county agricultural commissioners to place liens on these properties, an expensive and time-consuming process that often delays action or prevents it altogether.”
Testifying in support, Roger Isom, president and CEO of the California Cotton Ginners and Growers Association and the Western Tree Nut Association, pointed to rising populations of navel orangeworm, carpophilus beetle and roof rats. Last fall severe rat infestations affected more than 100,000 acres of Central Valley orchards and adjacent farm facilities, with University of California agricultural economists estimating that overall damages surpassed $100 million and may have been as high as $310 million.
While direct tree damage led to yield losses, invasive roof rats also gnawed through electrical wires in trucks and harvesters and in irrigation lines, depriving trees of water and adding a further hit to yields. The rats left a trail of droppings on equipment to clean up, at a cost of up to $4 million.
Asm. Alexandra Macedo, R-Tulare (Photo: Asm. Macedo's office)Farmers spent as much as $168 million just to replace the drip lines. Yield losses the following season, due to the lack of postharvest water, will be as high as $130 million, though the economists could not factor in all the potential damage, according to the report commissioned by the California Department of Food and Agriculture.
Last month Isom toured with CDFA and USDA an almond orchard bordering five sections of abandoned wine grapes.
“At night the orchard owner said the rats would come out of the grapes into his almonds, destroy the irrigation system, eat the almonds and then go back into the vineyard, where there's nothing been done for over a year,” he said.
Isom emphasized that the bill would not target growers who are responsibly managing difficult transitions, but rather those who walk away and leave properties untended for years.
“We understand it's not everybody's intention to neglect or abandon an orchard,” he said. “But at the same time, we can no longer afford to control these pests and take care of other issues.”
Civil penalties in lieu of liens
Under current law, the only available remedy for counties is a lengthy lien process that requires legal filings to recover the cost of abating the nuisance. AB 732 would give commissioners the option to issue direct civil penalties instead, after providing written notice and time for voluntary compliance.
“It is not the goal of a commissioner to go after unsightly properties, things that are not truly a nuisance,” said Lindsey Carter, executive director of the California Agricultural Commissioners and Sealers Association. “This is merely another tool in a long process of working with these growers to address the issues.”
Interested in more coverage and insights? Receive a free month of Agri-Pulse West.
She emphasized that in Tulare County about 119 parcels have been targeted in complaints since 2018, with all but 18 of them being mitigated through working with the growers.
The bill defines a pest as any transmissible plant disease or disorder that poses a threat to agriculture but excludes beneficial insects, pollinators and practices associated with biological control or conservation programs. Landowners would have at least 30 days to take corrective action after receiving a notice. If they do so in good faith, no penalty is applied.
Lawmakers amended the bill to include references to UC Cooperative Extension and integrated pest management resources in the notices. The penalty is also structured to be tiered based on the issue's severity and the landowner's ability to pay. Property owners retain the right to appeal decisions through the courts.
The measure includes a sunset date of January 1, 2035, to allow for program evaluation and potential renewal.
Melissa Cregan, the Fresno County agricultural commissioner, told the Assembly Agriculture Committee in April about a pension firm that purchased and abandoned 7,000 acres of trees and vines, since the cost to remove them would have totaled as much as $17.5 million.
“Local governments simply do not have the funds to front these costs,” said Cregan.
Support from counties and farm groups
The Tulare County Board of Supervisors submitted a letter of support, saying the bill “will empower our commissioners to act swiftly in mitigating pest-related issues, thereby protecting our local agriculture and environment.”
California Citrus Mutual, the Almond Alliance and the California Association of Winegrape Growers, among several other groups, backed the measure, warning that unmanaged acreage puts nearby investments at risk.
University of California pest management specialists have also raised alarms about the role of abandoned land in undermining integrated control programs. CDFA has cited localized outbreaks of glassy-winged sharpshooter and citrus greening as potential risks if abandoned orchards remain unmanaged.
Pushback and outlook
While the bill has cleared policy committees with unanimous votes, some environmental groups have raised concerns over how pest determinations will be made and urged clearer language to protect landowners who use cover crops or biological pest control. Others worried about unintended consequences.
The Community Alliance with Family Farmers warned that the bill could “lead to excessive enforcement and create a shortcut without any guardrails,” saddling small farmers with an “untenable situation financially.” Having the penalties fund commissioners “creates a perverse incentive to penalize rather than assist property owners,” argued Scott Sadler, lobbying on behalf of CAFF. The group also charges that AB 732 allows unelected commissioners “to act as the prosecutor, judge and jury.”
In response, Macedo pointed out that she expanded the penalty window from 15 to 30 days to grant more time for those farmers to contest violations and said the notice of violation would also be sent to UCCE, which could help the grower comply.
“I come from a small family farm. I know what it's like when you don't plan that something unforeseen is going to happen,” she said. “This is actually a protection for the small farms.”
In a subsequent Senate Judiciary hearing, Taylor Triffo, representing a coalition of agricultural stakeholders, noted that the enforcement tool would be used “only after significant neighbor-to-neighbor work assistance by the county has been offered, but the nuisance has continued.”
AB 732 awaits consideration in the Assembly Appropriations Committee, after passing the Assembly and two Senate committees with unanimous support. It is expected to get to the governor’s desk before the end of the legislative session.
Last year Governor Gavin Newsom vetoed a similar measure over concerns of unintentionally penalizing growers deploying beneficial insects. Macedo says she has been “diligently working” with stakeholders to address those concerns and come up with legislation that benefits agriculture as a whole.
For more news, go to Agri-Pulse.com.
