REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF THE COUNTY OF SAN BERNARDINO
AND RECORD OF ACTION
March 10, 2020
FROM
ROBERTA WILLHITE, Agricultural Commissioner/Sealer, Department of Agriculture/Weights & Measures
SUBJECT
Title v
Revenue Agreement with the California Department of Food and Agriculture for services related to the Industrial Hemp Cultivation Program
End
RECOMMENDATION(S)
Recommendation
Approve Revenue Agreement with the California Department of Food and Agriculture, Plant Health and Pest Prevention Services/Pest Exclusion Division (State Agreement No. 18-0722-000-SA) for the Department of Agriculture/Weights & Measures to perform enforcement activities, related to the cultivation of industrial hemp on behalf of the State from April 30, 2019 through June 30, 2020, for a total amount not to exceed $2,000.
(Presenter: Roberta Willhite, Agricultural Commissioner/Sealer, 909-387-2117)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Operate in a Fiscally-Responsible and Business-Like Manner.
Pursue County Goals and Objectives by Working with Other Agencies.
FINANCIAL IMPACT
This item will not result in the use of additional Discretionary General Funding (Net County Cost). The revenue agreement specifies a term from April 30, 2019 through June 30, 2020, for a maximum reimbursement of $2,000. The Industrial Hemp Cultivation Program is a newly established program, and therefore appropriation and revenue for this agreement were not included in the Department of Agriculture/Weights & Measures (AWM) 2019-2020 budget. Approval of budget adjustments to the AWM 2019-20 budget is not requested at this time, but may be included on a future quarterly countywide budget report presented to the Board of Supervisors for approval. Services per the revenue agreement will be provided by existing AWM staff.
BACKGROUND INFORMATION
This is a new revenue agreement with the California Department of Food and Agriculture, Plant Health and Pest Prevention Services/Pest Exclusion Division (CDFA, PHPPS/Pest Exclusion). This revenue agreement will reimburse AWM for performing enforcement activities for the Industrial Hemp Cultivation Program regarding the cultivation of industrial hemp by non-registered growers, for a maximum reimbursement of $2,000 from April 30, 2019 through June 30, 2020.
CDFA, PHPPS/Pest Exclusion intends to issue an amendment to the agreement to increase the reimbursement to counties to include work performed on enforcement activities related to legally registered industrial hemp growers. Laws and regulations pertaining to the Industrial Hemp Cultivation Program are contained in Division 24 of the Food and Agriculture Code and Title 3, Division 4, Chapter 8 of the California Code of Regulations. Key actions to be performed by counties include oversight of regulatory enforcement activities related to the cultivation of industrial hemp by non-registered growers, investigation and enforcement activities at non-compliant cultivation sites, including, but not limited to, plants which test above the maximum allowed THC limits, coordination of destruction activities of non-compliant plantings and notification to CDFA of enforcement activities of non-complaint plantings.
This revenue agreement aligns with the County and Chief Executive Officer’s Goals and Objectives to Pursue County Goals and Objectives by Working with Other Agencies with respect to performing enforcement activities for the Industrial Hemp Cultivation Program on behalf of CDFA, PHPPS/Pest Exclusion, and receiving reimbursement for the work performed.
This is the first time the County has received an agreement with CDFA, PHPPS/Pest Exclusion to provide enforcement services related to the Industrial Hemp Program to be brought before the Board of Supervisors for approval.
On December 17, 2019, AWM received the State revenue agreement in the amount of $2,000, with notification of an amendment to be issued, for the period of April 30, 2019 through June 30, 2020. This item is being presented to the Board at this time as this is the first date available for presentation following the required operational, fiscal and legal reviews. Approval at this time will have no impact on work performed for the Industrial Hemp Program since April 30, 2019, as it will be reimbursed under this agreement.
PROCUREMENT
N/A
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Katherine Hardy, Deputy County Counsel, 387-5455) on January 29, 2020; Finance (Elias Duenas, Administrative Analyst, 387-4052) on February 12, 2020; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on February 18, 2020.