Cal. FAC § 71050.5 — California Code / Code fac / Division 22 / Part 2 / Chapter 9.5 / Article 3 / Section 71050.5
Section 71050.5
Status: in_force

(a) Before the beginning of each marketing season, the commission may review drought conditions in the state and evaluate the impact of these conditions on the production and handling of rice. If the commission determines that the drought conditions had a detrimental impact upon the production and handling of rice, the commission may issue a declaration that requires the following provisions to be operative for the next marketing season:

(1) (A) A person shall be eligible to serve on the commission as a producer member or alternate producer member if either or both of the following conditions are met:

(i) The person meets the eligibility requirements set forth in Sections 71032 and 71057 and is not ineligible to serve pursuant to subdivision (e) of Section 71050.

(ii) The person received an indemnity payment from the prevented planting program in the same calendar year that the declaration is issued or in one or more of the four calendar years before the issuance of the declaration and is not ineligible to serve pursuant to subdivision (e) of Section 71050.

(B) A person described in clause (ii) of subparagraph (A) shall not be eligible to serve on the commission pursuant to this paragraph if the person voluntarily sells or transfers water during the marketing season, that sale or transfer of water lasts for a period of time longer than one year, and that sale or transfer of water results in the person not producing rice on any portion of the field acreage under the control of that person that is not eligible for the prevented planting program.

(2) A person shall be eligible to serve on the commission as a handler member or alternate handler member if either or both of the following conditions are met:

(A) The person meets the eligibility requirements set forth in Sections 71026 and 71058 and is not ineligible to serve pursuant to subdivision (e) of Section 71050.

(B) The person has met the eligibility requirements set forth in Sections 71026 and 71058 in the same calendar year that the declaration is issued or in one or more of the four calendar years before the issuance of the declaration and is not ineligible to serve pursuant to subdivision (e) of Section 71050.

(3) For purposes of the calculation set forth in paragraph (2) of subdivision (d) of Section 71050, the “total number of acres in the state planted in rice” and the “acreage planted in rice in each district” shall include both of the following:

(A) The total number of acres planted in rice in the state or district, as applicable, in the immediately preceding marketing season.

(B) The total number of prevented planted acres of rice in the state or district, as applicable, in the immediately preceding marketing season.

(b) Notwithstanding subdivision (a), for the 2022–23 marketing season, the commission may undertake the duties specified in subdivision (a) as soon as possible after the effective date of this section. If the commission issues the declaration for the 2022–23 marketing season, the provisions set forth in paragraphs (1) to (3), inclusive, of subdivision (a) shall be operative for the 2022–23 marketing season immediately upon the issuance of the declaration.

(c) For purposes of this section, the following definitions apply:

(1) “Prevented planted acre” means an acre of land that was not planted in rice for which a person received an indemnity payment as part of the prevented planting coverage program.

(2) “Prevented planting program” means the prevented planting coverage provisions administered by the Risk Management Agency within the United States Department of Agriculture Risk Management Agency pursuant to the Federal Crop Insurance Act (Subchapter I (commencing with Section 1501) of Chapter 36 of Title 7 of the United States Code).