citation: FAC § 2224

text: The director may agree with the board of supervisors of any county in which no salary was established for the position of commissioner for January, 1959, that the state will pay not to exceed six thousand six hundred dollars ($6,600) per year of the amount to be used for payment of the salary of a commissioner for such county, or of a commissioner who is employed pursuant to Section 2124. The amount which is paid the county shall not, however, exceed two-thirds of the amount of the salary which is paid to the commissioner.

article: 6. Cooperative Salary Agreements


kind: section

code: FAC

citation: FAC § 2241

text: As used in this article “commissioner” includes a commissioner who is employed pursuant to Section 2124.

history: (History: Enacted by Stats. 1967, Ch. 15.)

division: 2. LOCAL ADMINISTRATION

article: 7. Offices, Equipment and Supplies

path: 2. LOCAL ADMINISTRATION > 2. County Agricultural Commissioners and Their Employees > 7. Offices, Equipment and Supplies


citation: FAC § 2242

text: The board of supervisors shall provide a suitable office for the commissioner, and shall furnish and equip his office with all necessary furniture, supplies, and effects for the proper discharge of his duties.

chapter: 2. County Agricultural Commissioners and Their Employees

article: 7. Offices, Equipment and Supplies


citation: FAC § 2243

text: The board of supervisors may also provide the commissioner with all necessary field equipment for the proper discharge of the duties of his office.

article: 7. Offices, Equipment and Supplies


citation: FAC § 2244

text: All expenses which are ordered by the board of supervisors for the office, furniture, supplies, effects, and equipment for the commissioner are a county charge. The board of supervisors shall allow and pay such expenses out of the general fund of the county.

article: 7. Offices, Equipment and Supplies


citation: FAC § 2271

text: The commissioner shall keep a record of his official acts.

article: 8. Powers and Duties

path: 2. LOCAL ADMINISTRATION > 2. County Agricultural Commissioners and Their Employees > 8. Powers and Duties


citation: FAC § 2272

text:
(a) The commissioner shall make an annual report to the director on the condition of agriculture in his or her county and on what is being done to eradicate, control, or manage pests, and actions relating to the exclusion of pests or quarantine against pests. The commissioner may include in the annual report information relating to organic farming methods, biotechnology, integrated pest management, and biological control activities in the county. The commissioner shall also furnish from time to time to the director any other information the director may require.

(b) This section shall become operative July 1, 1999.

history: (History: Repealed (in Sec. 2) and added by Stats. 1998, Ch. 870, Sec. 3. Effective September 28, 1998. Section operative July 1, 1999, by its own provisions.)

article: 8. Powers and Duties


citation: FAC § 2273

text: The commissioner shall also make a monthly report to the board of supervisors if and when so required by the board.

article: 8. Powers and Duties


citation: FAC § 2274

text: The commissioner shall learn about all pests that may exist, or are likely to exist, in his county.

article: 8. Powers and Duties


citation: FAC § 2275

text: The commissioner, for the purpose of learning the best and most efficacious methods of performing his or her duties, shall attend the annual meeting of the California Agricultural Commissioners and Sealers Association or its successor, and any other meetings as the secretary or director shall require.

history: (History: Amended by Stats. 2004, Ch. 460, Sec. 3. Effective January 1, 2005.)

article: 8. Powers and Duties


citation: FAC § 2276

text: The commissioner shall, for the purpose of becoming informed about new and dangerous agricultural pests, observing and learning new and better methods of pest control, and determining the best and most efficacious methods of conducting the work of his department, consult with staff members of the United States Department of Agriculture, the State Department of Agriculture, the University of California, and with agricultural commissioners of other counties. He shall make such trips outside of the county which are necessary for such purposes, if authorized by the board of supervisors.

article: 8. Powers and Duties


text:
(a) The Legislature finds and declares that, acting under policy direction of the Secretary of Food and Agriculture, California’s unique system of county agricultural commissioners forms the front line of defense in protecting the state from the many exotic and invasive species threatening our people, commerce, and environment.

(b) It is the intent of the Legislature that agricultural commissioners take an increasingly assertive and proactive role in the exclusion and detection of exotic and invasive species in the urban environment, particularly those potentially spread by human activities, such as landscaping and yard maintenance.

history: (History: Added by Stats. 2008, Ch. 574, Sec. 1. Effective January 1, 2009.)

article: 8. Powers and Duties


citation: FAC § 2277

text: The commissioner shall, if directed by the board of supervisors, collect, prepare, and install exhibits for public information which illustrate the work of his department, depict the resources of the county, or display the products of the county.

article: 8. Powers and Duties


citation: FAC § 2278

text: The commissioner may disseminate information which relates to pests that may exist in his county, or are likely to exist in it. The information may include life histories, habits, methods of detection, and methods of control of such pests.

article: 8. Powers and Duties


citation: FAC § 2279

text: The commissioner shall compile reports of the condition, acreage, production, and value of the agricultural products in his county. The commissioner may publish such reports, and shall transmit a copy of them to the director.

article: 8. Powers and Duties


citation: FAC § 2280

text: The director, when acting in person with a commissioner, has all the rights of such commissioner.

history: (History: Enacted by Stats. 1967, Ch. 15. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 8. Powers and Duties


citation: FAC § 2281

text:
Except as otherwise specifically provided, in all cases where provisions of this code place joint responsibility for the enforcement of laws and regulations on the director and the commissioner, the commissioner shall be responsible for local administration of the enforcement program. The director shall be responsible for overall statewide enforcement and shall issue instructions and make recommendations to the commissioner. Such instructions and recommendations shall govern the procedure to be followed by the commissioner in the discharge of his duties. The director shall furnish assistance in planning and otherwise developing an adequate county enforcement program, including uniformity, coordination, training, special services, special equipment, and forms, statewide publicity, statewide planning, and emergency assistance.

The instructions and recommendations shall include a cost analysis of the local administration of such programs, determined from data supplied by the commissioner pursuant to Section 2272. Such cost analysis shall identify the joint programs or activities for which funds necessary to maintain adequate county administration and enforcement have not been provided. The director shall develop, jointly with the commissioners, county priorities for such enforcement programs and activities.

The director shall report annually to the Legislature his findings concerning the cost analysis with specific regard to programs where funds are inadequate for an efficient enforcement program, together with a listing of the priorities jointly established by the director and the commissioners that are contained in the formal instructions and recommendations of the director.

history: (History: Amended by Stats. 1980, Ch. 820. Note: See this section as modified on July 17, 1991, in Governor's Reorganization Plan No. 1 of 1991.)

article: 8. Powers and Duties


citation: FAC § 2282

text:
(a) Except as provided in Section 2282.5, and to the extent funds are appropriated in the annual Budget Act, the Secretary of Food and Agriculture or the Director of Pesticide Regulation may allocate annually to each county an amount determined by the secretary or the director not to exceed one-third of the amount expended by the county during the previous fiscal year for the programs of joint responsibility under the jurisdiction of the secretary or director, as applicable. The allocations shall be made from funds appropriated to the secretary or the director for purposes of carrying out activities of joint responsibility with the commissioners at the local levels.

(b) The annual report to the Legislature required by Section 2281 shall include findings for each of the following joint programs, including the amounts allocated to, and expended by, the counties in the previous fiscal year and the proposed amount to be allocated by the secretary for each program for the ensuing budget year:

(1) Pest detection.

(2) Pest eradication.

(3) Pest management control.

(4) Pest exclusion.

(5) Seed inspection.

(6) Nursery inspection.

(7) Fruit and vegetable quality control.

(8) Egg quality control.

(9) Apiary inspection.

(10) Crop statistics.

The report shall also specify the programs that have been augmented with state funds each year since 1980 because of new legislative mandates, or because of pest infestations or outbreaks occurring since that date, and the annual amounts of those augmentations.

history: (History: Amended by Stats. 2000, Ch. 573, Sec. 2. Effective September 23, 2000.)

article: 8. Powers and Duties


text:
(a) The development of work plans for allocation of the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention shall be the responsibility of the department. The department shall establish criteria for the development of the work plans and for allocating the appropriated funds.

(b) Of the amount appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention, five million five hundred thousand dollars ($5,500,000) shall be utilized solely for high-risk pest exclusion activities. The work plans for the exclusion of high-risk pests shall be developed by the department with the county agricultural commissioners and in consultation with affected industry representatives. In order to determine the effectiveness of high-risk pest exclusion programs in each county, the criteria established by the department for the work plan shall include, but need not be limited to, the following:

(1) The number of high-risk plant shipments entering each county.

(2) The number of high-risk entry points in each county.

(3) The number of state action quarantine pests intercepted or detected annually in each county.

(4) The work hours expended by each county in conducting exclusion of high-risk pests.

(5) The rate of interceptions and rejections per inspection activity.

(c) To remain eligible for funding under this section, a county shall maintain its support of ongoing operational costs of the county agricultural commissioner programs listed in subdivision (b) of Section 2282, at 1997–98 fiscal year levels.

(d) Funds allocated for high-risk pest exclusion activities pursuant to subdivision (b) may not be expended for any purpose other than the exclusion or detection of high-risk pests consistent with the work plans prescribed in subdivision (a) or scientific evaluation. Funds allocated by each county on or after September 28, 1998, shall not be allocated to other programs listed in subdivision (b) of Section 2282 until the county work plan is approved by the department consistent with the funding appropriated in the Budget Act to the department for local assistance for agricultural plant and animal pest and disease prevention for this purpose.

history: (History: Amended by Stats. 2000, Ch. 573, Sec. 3. Effective September 23, 2000.)

article: 8. Powers and Duties


citation: FAC § 2283

text: The commissioner, in carrying out his responsibilities under Section 2281, may assist the department in the conduct of surveys or investigations pursuant to Section 461 for the purpose of preventing the introduction and spread of injurious insect or animal pests, plant diseases, and noxious weeds under Section 403.

history: (History: Added by Stats. 1981, Ch. 859, Sec. 5.)

article: 8. Powers and Duties


citation: FAC § 2284

text: The commissioner may, with the approval of the board of supervisors, contract with any person or association to certify the condition of a shipment of a product regulated under this code. The condition certified to may include the temperature of the product. The contract shall provide for payment to the commissioner for the commissioner’s total cost in performing the certification.

history: (History: Added by Stats. 1983, Ch. 242, Sec. 2.)

article: 8. Powers and Duties


citation: FAC § 2285

text: For the purpose of developing necessary information and securing the best results for agriculture in this state, the commissioner may correspond and meet with any interested individual, agency, group, association, or educational institution with an interest in, or information regarding, agricultural practices, as resources allow. As used in this section “agriculture” includes, but is not limited to, developments and issues regarding all agricultural practices, traditional and alternative pest control methodology, and other areas of agriculture resource management. The California Agricultural Commissioners and Sealers Association may provide a forum by which a commissioner keeps informed and may facilitate discussions with other associations, institutions, agencies, organizations, or groups relating to resource management and protection for agriculture.

history: (History: Added by Stats. 1992, Ch. 204, Sec. 1. Effective January 1, 1993.)

article: 8. Powers and Duties


citation: FAC § 2286

text: The discretionary immunity doctrine as applied to a public entity and an employee of a public entity pursuant to Sections 815.2 and 820.2 of the Government Code applies to decisions of a county department of agriculture and an employee of a county department of agriculture enforcing a state or local pest control or pest eradication statute, regulation, or ordinance. Nothing in this section authorizes or affects the filing of an action challenging the legal authority of the county department of agriculture to undertake the pest control or eradication action.

history: (History: Added by Stats. 1995, Ch. 818, Sec. 2. Effective January 1, 1996.)

article: 8. Powers and Duties


citation: FAC § 2287

text: Whenever the commissioner determines that it is necessary to more effectively or more efficiently carry out a program listed in subdivision (b) of Section 2282, the commissioner may enter into a mutual aid agreement with other counties for the purpose of sharing staff, equipment, expertise, information, and other resources necessary to meet the needs of the program.

history: (History: Added by Stats. 1999, Ch. 890, Sec. 6. Effective October 10, 1999.)

article: 8. Powers and Duties


citation: FAC § 2301

text: A county veterinarian may be appointed by the board of supervisors whenever the public welfare demands the services of such veterinarian.

chapter: 3. County Veterinarian

article: 1. Appointment

path: 2. LOCAL ADMINISTRATION > 3. County Veterinarian > 1. Appointment


citation: FAC § 2302

text: The veterinarian shall serve at the pleasure of the board of supervisors.

article: 1. Appointment


citation: FAC § 2321

text: The veterinarian shall receive a salary which is fixed by the board of supervisors. It shall be payable at the same time, in the same manner, and from the same fund as other county officers are paid.

article: 2. Compensation

path: 2. LOCAL ADMINISTRATION > 3. County Veterinarian > 2. Compensation


citation: FAC § 2341

text: The veterinarian shall act under the supervision of the director.

article: 3. Powers and Duties

path: 2. LOCAL ADMINISTRATION > 3. County Veterinarian > 3. Powers and Duties


citation: FAC § 2342

text: The veterinarian shall enforce throughout the county all of the provisions of this code which relate to the health and sanitary surroundings of livestock, poultry, and rabbits. He shall enforce within unincorporated territory all orders and ordinances of the board of supervisors which relate to such subjects.

article: 3. Powers and Duties


citation: FAC § 2343

text: The veterinarian may establish such quarantine, sanitary, and other regulations within his jurisdiction as he deems necessary.

article: 3. Powers and Duties


citation: FAC § 2344

text: The veterinarian shall attend such meetings as are deemed necessary and advisable by the board of supervisors.

article: 3. Powers and Duties


citation: FAC § 2350

text:
(a) For purposes of this chapter, the following definitions apply:

(1) “Managerial employee” means a person who meets all of the following criteria:

(A) Has management authority with responsibility to oversee the care and well-being of the qualifying livestock producer’s livestock.

(B) Primarily engages in managerial job duties and customarily and regularly exercises discretion and independent judgment in these duties. These duties shall be specified in a written job description issued no later than 90 days before the date of the flood, storm, fire, earthquake, or other disaster.

(C) Earns a monthly salary equivalent to no less than two times the state minimum wage for full-time employment at the time of the flood, storm, fire, earthquake, or other disaster.

(2) “Qualifying livestock producer” means a commercial livestock producer, as determined by the county agency, who has been certified as successfully completing the curriculum developed pursuant to Section 13105.6 of the Health and Safety Code.

(b) (1) Upon the approval of a county board of supervisors, a county agricultural commissioner, or other agency designated by the county board of supervisors, is authorized to establish within that county a livestock pass program for the purpose of issuing identification documents granting any qualifying livestock producer, or a managerial employee of the qualifying livestock producer, access to the qualifying livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster.

(2) (A) A managerial employee of a qualifying livestock producer shall not be required by the qualifying livestock producer to obtain a livestock pass. Access to a qualifying livestock producer’s ranch by a managerial employee shall be fully voluntary on the part of the managerial employee.

(B) A person shall not require any employee to obtain or use a livestock pass or to enter or be present on the livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster. A person shall not in any manner discriminate, retaliate, or take any adverse action against an employee for refusing to obtain or use a livestock pass or to enter or be present on the livestock producer’s ranch property during or following a flood, storm, fire, earthquake, or other disaster. Any person who believes that they have been discriminated or retaliated against in violation of this section may, in addition to any other available remedy, file a complaint pursuant to Section 98.7 of the Labor Code for remedies available under Section 98.6 of the Labor Code.

(C) Nothing in this section shall be construed as requiring a managerial employee of a qualifying livestock producer to be present on a ranch property during or following a flood, storm, fire, earthquake, or other disaster.

(c) (1) An applicant for a livestock pass shall provide, or the relevant county agency shall otherwise obtain, documentation sufficient to demonstrate that the applicant is a commercial livestock producer, or a managerial employee of a commercial livestock producer. The documentation may include, but is not limited to, any of the following:

(A) An operator identification number issued by a county agricultural commissioner.

(B) An Internal Revenue Service Schedule F (Form 1040) attesting to the applicant’s Profit or Loss From Farming.

(C) Assessor’s parcel numbers confirming agricultural zoning for the property or properties upon which access is sought.

(D) Agricultural land lease documentation.

(E) Documentation attesting to the applicant’s enrollment in a Williamson Act contract as authorized pursuant to Chapter 7 (commencing with Section 51200) of Part 1 of Division 1 of Title 5 of the Government Code.

(F) Documentation from the United States Department of Agriculture Farm Service Agency attesting that the applicant is a commercial livestock producer.

(G) Current registration of a livestock brand with the Bureau of Livestock Identification.

(2) An applicant for a livestock pass shall furnish to the relevant county agency a description or map of all lands owned or managed by the applicant for which disaster access is sought.

(d) (1) Access granted pursuant to a livestock pass shall be limited to the purposes of sheltering, moving, transporting, evacuating, feeding, watering, or administering veterinary care to livestock, or providing local expertise to peace officers and emergency personnel. Local expertise shall only be provided upon the request of peace officers and emergency personnel.

(2) A holder of a livestock pass may have access to the ranch property that is owned by another holder of a livestock pass, with permission from that livestock passholder, for purposes of providing assistance with those activities specified in paragraph (1) during or following a flood, storm, fire, earthquake, or other disaster.

(3) Access under this section to areas closed pursuant to subdivision (a) of Section 409.5 of the Penal Code may only be granted by the incident commander, a law enforcement official having jurisdiction, or their designee. When access is granted by emergency response personnel other than the incident commander, the emergency response personnel shall notify incident command that access has been provided to the livestock passholder.

(4) For purposes of this subdivision, “local expertise” may include identifying access roads, water points, and other local knowledge that may assist firefighters or other emergency response personnel.

(e) (1) A livestock pass identification document issued pursuant to subdivision (b) for the purpose of authorizing access during a disaster shall include, at a minimum, all of the following information:

(A) The name of the applicant and cardholder.

(B) The name or names of the ranch to which the cardholder seeks access in the event of a disaster.

(C) The expiration date of the identification document, if an expiration date was established by the county.

(D) The seal or logo of the authorizing agency and the signature of the issuing officer.

(2) A livestock pass identification document authorizing access during a disaster that does not include a photograph of the cardholder shall not be a valid document for purposes of subdivision (b) unless accompanied by a valid photo identification document issued by the state or federal government.

(f) Notwithstanding this section, a livestock pass issued by a county in which a livestock pass or equivalent program was established before January 1, 2022, shall be deemed to be in compliance with this section until the expiration date noted on the livestock pass or until December 31, 2025, whichever date occurs first.

history: (History: Added by Stats. 2021, Ch. 609, Sec. 1. (AB 1103) Effective January 1, 2022.)

chapter: 4. Livestock Pass Program

path: 2. LOCAL ADMINISTRATION > 4. Livestock Pass Program


citation: FAC § 3001

text: Unless the context otherwise requires, the definitions in this article govern the construction of the chapter.

division: 3. EXPOSITIONS AND FAIRS

part: 1. GENERAL PROVISIONS

chapter: 1. Free Admissions

article: 1. Definitions

path: 3. EXPOSITIONS AND FAIRS > 1. GENERAL PROVISIONS > 1. Free Admissions > 1. Definitions


citation: FAC § 3002

text:
“Courtesy pass admission” means any admission, without payment of the admission charge, to any state, county, district, or citrus fruit fair, except any of the following:

(a) Credential admission.

(b) Admission of any child under 12 years of age.

(c) Admission of any military personnel.

history: (History: Amended by Stats. 2024, Ch. 206, Sec. 1. (SB 1186) Effective January 1, 2025.)

article: 1. Definitions


citation: FAC § 3003

text: “Credential admission” means any admission which is authorized by the board of directors of a state, district, or citrus fruit fair, or by the board of supervisors of a county for admission to a fair without payment of the admission charge when a service is rendered by the person who is admitted which is necessary for the conduct of the fair.

article: 1. Definitions


citation: FAC § 3021

text: Every state, district, county, or citrus fruit fair which receives any money from the State Treasury shall permit the admission without payment of the admission charge of all children 12 years of age or under on at least one day, which is designated by the fair, during each fair period.

article: 2. Powers and Duties

path: 3. EXPOSITIONS AND FAIRS > 1. GENERAL PROVISIONS > 1. Free Admissions > 2. Powers and Duties


citation: FAC § 3022

text:
If a charge is made for admission to enter a state, district, county, or citrus fruit fair, the following persons may be admitted to those fairgrounds without the payment of the established admission price:

(a) Persons with credential admissions.

(b) Persons with courtesy pass admissions.

(c) Military personnel.

history: (History: Amended by Stats. 2024, Ch. 206, Sec. 2. (SB 1186) Effective January 1, 2025.)

article: 2. Powers and Duties


citation: FAC § 3023

text:
A credential admission may be issued to any individual, association, or body that does any of the following:

(a) Prepares or services any educational, commercial, industrial, livestock, agricultural, horticultural, or viticultural display or exhibit.

(b) Services, maintains, or operates any concession.

(c) Renders, through agreement with the fair, a service to fair patrons.

(d) Renders a necessary public service.

(e) Safeguards health.

(f) Provides for public safety.

(g) Participates in any parade or event which is necessary for the conduct of the fair.

article: 2. Powers and Duties


citation: FAC § 3024

text:
Credential admissions may, also, be issued to any of the following persons:

(a) Representatives of press, radio, and television personally engaged in obtaining and transmitting public information.

(b) Ambulance drivers.

(c) Firemen on duty.

(d) Repairmen who are necessary to service utilities.

(e) Employees of the fair.

(f) State officials in the performance of their duty.

article: 2. Powers and Duties


citation: FAC § 3025

text: The words “credential admission” shall be printed on each ticket which is issued as a credential admission.

article: 2. Powers and Duties


citation: FAC § 3026

text: The percentage of courtesy pass admissions to any state, county, district, or citrus fruit fair shall not exceed 4 percent of the gross paid admission to the fair in the preceding calendar year.

article: 2. Powers and Duties


citation: FAC § 3027

text: A courtesy pass admission is not transferable.

article: 2. Powers and Duties


citation: FAC § 3028

text: Each fair shall maintain complete records of the number of credential and courtesy pass admissions which are issued for each fair period.

article: 2. Powers and Duties


citation: FAC § 3029

text: Each fair shall make an annual report to the department, as prescribed by the department, of the total number of credential and courtesy pass admissions issued and honored at the fair.

article: 2. Powers and Duties


citation: FAC § 3101

text:
(a) “Fair,” or “state-designated fairground,” referred to in this division, means the California Exposition and State Fair in the City of Sacramento and those fairs specified in Sections 3102, 3103, and 3104 that may receive financial support or are otherwise governed pursuant to this chapter. These fairs may also be referred to as part of the “network of California fairs.”

(b) A nonprofit organization that holds an annual fair pursuant to Section 4163 may elect to be a member of the network of California fairs on terms and conditions mutually agreed upon by the department and the nonprofit organization.

(c) A joint powers agency that holds an annual fair pursuant to Section 4171 may elect to be a member of the network of California fairs on terms and conditions mutually agreed upon by the department and the joint powers agency.

history: (History: Repealed and added by Stats. 2024, Ch. 559, Sec. 35. (AB 2143) Effective January 1, 2025.)

path: 3. EXPOSITIONS AND FAIRS > 1. GENERAL PROVISIONS > 2. Fairs and District Agricultural Associations


citation: FAC § 3102

text:
The district agricultural associations and their locations are as follows:

(a) District 1 is the County of Alameda.

(b) District 1-A is the County of San Mateo and the City and County of San Francisco, held in the City of Daly City.

(c) District 2 is the County of San Joaquin, held in the City of Stockton.

(d) District 3 is the County of Butte, held in the City of Chico.

(e) District 4 is the Counties of Sonoma and Marin, held in the City of Petaluma.

(f) District 5 is the City and County of San Francisco, held in the City and County of San Francisco.

(g) District 6 is all of that portion of the County of Los Angeles that is not included in District 48, District 50, and District 51, and, notwithstanding any other provision of this chapter, also includes that portion of the County of Los Angeles within the boundaries of the 29th Senatorial District. District 6 shall also be known and designated as Exposition Park and shall have all of the following powers and duties:

(1) To lease, exchange, sell, or otherwise dispose of all property.

(2) To compromise and settle claims of every nature.

(3) To sue and be sued in the same manner and to the same extent as the California Science Center, and the members of the governing body thereof.

(h) District 7 is the County of Monterey, held in the City of Monterey.

(i) District 9 is the County of Humboldt, held in the City of Eureka.

(j) District 10 is that portion of the County of Siskiyou that is not included in District 10-A, held in the City of Yreka.

(k) (1) District 10-A is all of that portion of the Counties of Siskiyou and Modoc that is described as follows:

(2) Beginning at the intersection of west longitude 122 degrees 10 minutes within the Oregon-California boundary line, thence southerly along said line of longitude to north latitude 41 degrees 30 minutes, thence easterly along said line of latitude to the point where it intersects west longitude 121 degrees 10 minutes, thence northerly along said line of longitude to the Oregon state line, thence westerly along said state line to the point of beginning, held in the City of Tulelake.

(l) District 12 is the County of Mendocino, held in the City of Ukiah.

(m) District 13 is the Counties of Sutter and Yuba, held in the City of Yuba City.

(n) District 14 is the County of Santa Cruz, held in the City of Watsonville.

(o) District 15 is all of that portion of the County of Kern that is not included in District 53, held in the City of Bakersfield.

(p) District 16 is the County of San Luis Obispo, held in the City of Paso Robles.

(q) District 17 is the County of Nevada, held in the City of Grass Valley.

(r) District 18 is the Counties of Mono, Inyo, and Alpine, held in the City of Bishop.

(s) District 19 is all of that portion of the County of Santa Barbara that lies east of Gaviota and south of the Santa Ynez Mountains, held in the City of Santa Barbara.

(t) District 20 is the County of Placer, held in the City of Auburn.

(u) District 21 is the County of Fresno, held in the City of Fresno.

(v) District 21-A is the County of Madera, held in the City of Madera.

(w) District 22 is the County of San Diego, held in the City of Del Mar.

(x) District 23 is the County of Contra Costa, held in the City of Antioch.

(y) District 24 is the County of Tulare, held in the City of Tulare.

(z) District 24-A is the County of Kings, held in the City of Hanford.

(aa) District 25 is the County of Napa, held in the City of Napa.

(ab) District 26 is the County of Amador, held in the City of Plymouth.

(ac) District 27 is the County of Shasta, held in the City of Anderson.

(ad) District 28 is the County of San Bernardino, held in the City of Victorville.

(ae) District 29 is the County of Tuolumne, held in the City of Sonora.

(af) District 30 is the County of Tehama, held in the City of Red Bluff.

(ag) District 31 is the County of Ventura, held in the City of Ventura.

(ah) District 32 is the County of Orange, held in the City of Costa Mesa.

(ai) District 33 is the County of San Benito, held in the City of Hollister.

(aj) District 34 is that portion of the County of Modoc that is not included in District 10-A, held in the Town of Cedarville.

(ak) District 35 is the County of Merced, held in the City of Merced.

(al) District 35-A is the County of Mariposa, held in the Town of Mariposa.

(am) District 36 is the County of Solano, held in the City of Dixon.

(an) District 37 is all of that portion of the County of Santa Barbara that is not included in District 19, held in the City of Santa Maria.

(ao) District 38 is the County of Stanislaus, held in the City of Turlock.

(ap) District 39 is the County of Calaveras, held in the City of Angels Camp.

(aq) District 40 is the County of Yolo, held in the City of Woodland.

(ar) District 41 is the County of Del Norte, held in the City of Crescent City.

(as) District 42 is the County of Glenn, held in the City of Orland.

(at) District 44 is the County of Colusa, held in the City of Colusa.

(au) District 45 is the County of Imperial, held in the City of Imperial.

(av) District 46 is all of that portion of the County of Riverside that is not included in District 54, held in the City of Perris.

(aw) District 48 is the County of Los Angeles, held in the City of City of Industry.

(ax) District 49 is the County of Lake, held in the City of Lakeport.

(ay) District 50 is all of that portion of the County of Los Angeles that lies north of the south line of Township 5 North, San Bernardino base, held in the City of Lancaster.

(az) (1) District 51 is all of the portion of the City of Los Angeles that is described as follows:

(2) From a point commencing where the most northerly boundary of the City of Los Angeles intersects with the Golden State Freeway and following on the city boundary in an easterly direction where the boundary first intersects with the boundary of the City of Burbank; thence continuing southeasterly along the City of Burbank boundary to its intersection with Barham Boulevard; thence in a southerly direction on Barham Boulevard to its intersection with Cahuenga Boulevard; thence in a southeasterly direction on Cahuenga Boulevard to Mulholland Drive; thence along Mulholland Drive to the City of Los Angeles boundary; thence following the City of Los Angeles boundary west and northerly until the boundary intersects with the Los Angeles-Ventura county line, thence following the Los Angeles county line north to the Kern county line, and east to the Golden State Freeway, and thence in a southerly direction on the Golden State Freeway to the starting point at the Golden State Freeway, held in the San Fernando Valley.

(ba) District 52 is the County of Sacramento, held in the City of Sacramento.

(bb) District 53 is all of the portion of the County of Kern east of the Los Angeles Aqueduct. District 53 shall be known and designated as the Desert Empire Fair, and the fair site shall be held in the City of Ridgecrest.

(bc) District 54 is all of the portion of the County of Riverside east of the Coachella Branch of the All-American Canal and east of the line running due north from the northernmost point of that canal, held in the City of Blythe.

chapter: 2. Fairs and District Agricultural Associations


citation: FAC § 3103

text:
The county fairs and their locations are as follows:

(a) The Alameda County Fair, held in the City of Pleasanton.

(b) The Butte County Fair, held in the City of Gridley.

(c) The El Dorado County Fair, held in the City of Placerville.

(d) The Humboldt County Fair, held in the City of Ferndale.

(e) The Lassen County Fair, held in the City of Susanville.

(f) The Los Angeles County Fair, held in the City of Pomona.

(g) The Madera County Fair, held in the City of Chowchilla.

(h) The Marin County Fair, held in the City of San Rafael.

(i) The Mendocino County Fair, held in Boonville.

(j) The Merced County Fair, known as the Merced County Spring Fair, held in the City of Los Banos.

(k) The Monterey County Fair, known as the Salinas Valley Fair, held in the City of King City.

(l) The Napa County Fair, held in the City of Calistoga.

(m) The Placer County Fair, held in the City of Roseville.

(n) The Plumas Sierra County Fair, held in the Town of Quincy.

(o) The Riverside County Fair, known as the Riverside County Fair and National Date Festival, held in the City of Indio.

(p) The San Benito County Fair, held in Tres Pinos.

(q) The San Francisco County Fair, held in the City and County of San Francisco.

(r) The San Joaquin County Fair, known as the Lodi Grape Festival and Harvest Fair, held in the City of Lodi.

(s) The San Mateo County Fair, held in the City of San Mateo.

(t) The Santa Clara County Fair, held in the City of San Jose.

(u) The Shasta County Fair, held in the Town of McArthur.

(v) The Solano County Fair, held in the City of Vallejo.

(w) The Sonoma County Fair, held in the City of Santa Rosa.

(x) The Trinity County Fair, held in Hayfork.


citation: FAC § 3104

text:
The citrus fruit fairs and their locations are as follows:

(a) The Cloverdale Citrus Fair, held in the City of Cloverdale.

(b) The National Orange Show, held in the City of San Bernardino.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 35. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3105

text:
(a) The Legislature finds and declares that district agricultural associations, county fairs, citrus fruit fairs, and the California Exposition and State Fair, collectively known as the network of California fairs, are a valuable community resource, and recognizes that local businesses and local communities make valuable contributions to fairs that include direct and indirect support of fair programs. The Legislature further finds and declares that local businesses often provide opportunity purchases to local fairs that, for similar things available through the state purchasing program, may be purchased locally at a price equivalent to or less than that available through the state purchasing program.

(b) In order to make opportunity purchases, a fair shall develop applicable policies and procedures.

(c) As used in this section, “opportunity purchases” means purchases made locally, either individually or cooperatively, at a price equal to or less than the price available through the state purchasing program on or off state contract.


citation: FAC § 3106

text: The provisions of this chapter, insofar as they are substantially the same as existing code provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.


citation: FAC § 3200

text: All funds appropriated by the Legislature or designated for California fairs and expositions pursuant to this chapter or any other law shall be deposited into the Fair and Exposition Fund and be continuously appropriated pursuant to, and for the purposes of, Sections 3204 and 3205.

history: (History: Amended by Stats. 2024, Ch. 559, Sec. 37. (AB 2143) Effective January 1, 2025.)

chapter: 3. Revenue and Fiscal Provisions

path: 3. EXPOSITIONS AND FAIRS > 1. GENERAL PROVISIONS > 3. Revenue and Fiscal Provisions


citation: FAC § 3201

text:
(a) The Legislature finds and declares that the Department of Food and Agriculture is responsible for ensuring the integrity of the Fair and Exposition Fund, administering allocations from the fund to the network of California fairs, as defined in Sections 3101 to 3104, inclusive, and providing oversight of activities carried out by each California fair.

(b) Oversight shall include, but not be limited to, all of the following:

(1) Monitoring the solvency of the Fair and Exposition Fund.

(2) Distributing available state resources to the network of California fairs based on criteria for state allocations approved by the Secretary of Food and Agriculture. The criteria for the distribution of available state resources to the network of California fairs shall not include a consideration of the structure that governs the fair.

(3) Creating a framework for administration of the network of California fairs allowing for maximum autonomy and local decisionmaking authority, and conducting, or causing to be conducted, annual fiscal audits and periodic compliance audits.

(4) Conducting fiscal and performance audits of county fairs and citrus fruit fairs that are requested by the fair that is the subject of the audit, and that the Department of Food and Agriculture deems to be necessary.

(5) Guiding and providing incentives to fairs to seek matching funds and generate new revenue from a variety of sources.

(6) Supporting continuous improvement of fair programming to ensure that California fairs remain highly relevant community institutions.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 38. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3202

text:
From the total revenue received by the department, the Legislature shall annually appropriate to the department those sums as it deems necessary for the following purposes:

(a) For the oversight of the network of California fairs receiving money from the Fair and Exposition Fund.

(b) For the auditing of all district agricultural association fairs, county fairs, and citrus fruit fairs.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 39. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3203

text:
(a) Notwithstanding any other law, a return filed with the California Department of Tax and Fee Administration (CDTFA) to report gross receipts for sales and use tax purposes shall segregate the gross receipts of the seller and the sales price of the property on a line or a separate form as prescribed by the CDTFA when the place of sale in this state or for use in this state is on or within the real property of a fair or any real property of a fair that is leased to another party.

(b) For purposes of this section, “fair” means a fair as defined in Section 3101, 3102, 3103, or 3104.

(c) The CDTFA shall add a line to a current return form or develop a separate form for purposes of this section.

(d) (1) The CDTFA shall report the amount of the total gross receipts segregated on the returns filed for the prior fiscal year pursuant to subdivision (a) to the Department of Finance on or before November 1 of each year.

(2) The total gross receipts shall be subject to review by the CDTFA for errors. The review may be a review of a sample of returns. The CDTFA shall note any errors identified in the review and the approximate impact of those errors on the total gross receipts in its report to the Department of Finance to allow an adjusted total gross receipt amount to be determined.

(e) An amount equal to 2 percent of the total amount of gross receipts, or adjusted gross receipts, for the prior fiscal year reported to the Department of Finance by the CDTFA as specified in subdivision (d) shall be included in the next annual Governor’s Budget for the Department of Food and Agriculture for allocation to fairs pursuant to Section 3204. No later than 30 days after the enactment of the annual Budget Act, the amount appropriated by the Legislature to the Department of Food and Agriculture pursuant to this section shall be transferred by the Controller to the Fair and Exposition Fund in the State Treasury and shall be continuously appropriated and available to be allocated pursuant to Section 3204.

(f) The CDTFA shall be paid the actual cost for administering this section from the funds appropriated pursuant to subdivision (e) before any allocation is made to fairs in accordance with Section 3204.

(g) (1) Any revenues deposited into the Fair and Exposition Fund pursuant to this section shall only be allocated to a fair if nonmanagement employees at that fair, or nonmanagement employees at any real property of that fair that is leased to another party, are provided the following working conditions:

(A) The employee receives a meal period of not less than 30 minutes for a work period of more than five hours per day, unless the work period per day of the employee is less than six hours and the meal period is waived by mutual consent of both the employer and the employee.

(B) The employee receives a second meal period of not less than 30 minutes for a work period of more than 10 hours per day, unless the work period per day of the employee is less than 12 hours, the second meal period is waived by mutual consent of both the employer and the employee, and the first meal period was not waived.

(C) Any work in excess of 8 hours in one workday, any work in excess of 40 hours in any one workweek, and the first 8 hours worked on the seventh day of work in any one workweek is compensated at the rate of no less than one and one-half times the regular rate of pay for an employee.

(D) Any work in excess of 12 hours in one day is compensated at the rate of no less than twice the regular rate of pay for an employee.

(E) Any work in excess of eight hours on any seventh day of a workweek is compensated at the rate of no less than twice the regular rate of pay for an employee.

(2) This subdivision does not apply to full-time carnival ride operators employed by a traveling carnival.

(3) For purposes of this subdivision, “employee” does not include an employee covered by a valid collective bargaining agreement if that agreement expressly provides for all of the following:

(A) Wages, hours of work, and working conditions of the employees.

(B) Meal periods for the employees, including final and binding arbitration of disputes concerning application of its meal period provisions.

(C) Premium wage rates for all overtime hours worked, and a regular hourly rate of pay of not less than 30 percent more than the state minimum wage.

history: (History: Amended by Stats. 2025, Ch. 683, Sec. 1. (AB 258) Effective January 1, 2026.)


citation: FAC § 3204

text:
(a) Any unallocated balance from Section 3202, 3203, or 3205, revenue deposited into the Fair and Exposition Fund pursuant to Section 19614 of the Business and Professions Code, and funding appropriated by the Legislature or otherwise designated for California fairs pursuant to this chapter or any other law is hereby appropriated without regard to fiscal years for allocation by the Secretary of Food and Agriculture for capital outlay to California fairs for fair projects involving public health and safety, for fair projects involving major and deferred maintenance, for fair projects necessary due to any emergency, for projects that are required by physical changes to the fair site, for projects that are required to protect the fair property or installation, such as fencing and flood protection, and for the acquisition or improvement of any property or facility that will serve to enhance the operation of the fair.

(b) A portion of the funds subject to allocation pursuant to subdivision (a) may be allocated to California fairs for general operational support. It is the intent of the Legislature that these moneys be used primarily for those fairs whose sources of revenue may be limited for purposes specified in this section.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 41. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3205

text:
(a) Notwithstanding any other law, at the direction of the Secretary of Food and Agriculture with the concurrence of the Director of Finance, all revenues that are deposited into the Fair and Exposition Fund pursuant to Section 3203 may first be deposited into a separate account in the fund to be known as the California Fairs Trust Account and, notwithstanding Section 13340 of the Government Code, are continuously appropriated from that account to the Department of Food and Agriculture, for allocation by the secretary, at the secretary’s discretion, for the purposes set forth in paragraphs (1) to (4), inclusive. The concurrence of the Director of Finance shall be required for allocations pursuant to paragraph (1). Allocations pursuant to paragraphs (2) to (4), inclusive, shall be made with the concurrence of the Joint Committee on Fairs Allocation and Classification.

(1) For the repayment of the principal of, interest on, and costs of issuance of, and as security, including any coverage factor, pledged to the payment of, bonds issued or to be issued by a joint powers agency or other debt service or expense, including repayment of any advances made or security required by any provider of credit enhancement or liquidity for those bonds or other indebtedness or expenses of maintaining that credit enhancement or liquidity, incurred for the purpose of constructing or acquiring capital improvements at fairgrounds, maintaining facilities at fairs, health, fire and life safety, and emergency services projects, or handicapped access compliance projects at fairgrounds or for the purpose of refunding bonds or other indebtedness incurred for those purposes. As used in this paragraph, “coverage factor” means revenues in excess of the amount necessary to pay debt service on the bonds or other indebtedness, up to an amount equal to 100 percent more than the amount of that debt service, which a joint powers agency, pursuant to the resolution or indenture under which the bonds or other indebtedness are or will be issued, pledges as additional security for the payment of that debt service or is required to have or maintain as a condition to the issuance of additional bonds or other indebtedness. Notwithstanding any other law, the department may also commit any other funds available for allocation pursuant to this chapter to complete projects funded under this paragraph in the priority described in this paragraph.

(2) For health, fire and life safety, and emergency services improvement projects at fairs, California Code of Regulations compliance projects, and maintenance projects at fairgrounds that are necessary for public safety and security.

(3) For capital improvement projects at fairgrounds. When making determinations to fund capital improvements pursuant to this paragraph, the secretary may grant priority status to renewable energy generation projects or to projects that meet or exceed the standards of the California Environmental Protection Agency.

(4) For the payment of expenses incurred in developing and operating revenue generating projects at fairs, or that directly benefit fairs, including the payment of expenses incurred in establishing and operating horse racing and future gaming-related facilities, the establishment of pilot projects to restructure the current fair system, and for projects realizing a cost savings for more efficient use of existing fair resources.

(b) The secretary may not make an allocation for purposes of paragraphs (2) to (4), inclusive, of subdivision (a) until the payments required in any fiscal year pursuant to paragraph (1) of subdivision (a) have been funded.

(c) Pursuant to subdivision (a), the Joint Committee on Fairs Allocation and Classification shall review and concur, or not concur, with the secretary’s determination of the allocations to be made pursuant to paragraphs (2) to (4), inclusive, of subdivision (a) in total, and the committee shall not add to, or delete projects or line items from, the proposed allocations.

(d) Approval of the Joint Committee on Fairs Allocation and Classification shall be deemed complete when one of the following conditions is met:

(1) The annual Budget Act is enacted.

(2) If the secretary’s recommendations are received by the Joint Committee on Fairs Allocation and Classification after the enactment of the annual Budget Act, the recommendations shall be deemed approved 30 days after they are received unless they are rejected by the committee.

(e) If the Joint Committee on Fairs Allocation and Classification does not concur with the secretary’s recommendations, the secretary may resubmit another set of recommendations that consider the committee’s review and suggestions. The resubmitted recommendations shall be deemed approved 30 days after they are received by the committee.

(f) The payments required in any fiscal year for the purposes of paragraph (1) of subdivision (a) shall be made before any transfer is made pursuant to subdivision (g).

(g) If the revenues deposited into the separate account exceed the amount necessary to satisfy the purposes of subdivision (f) in any fiscal year, the amount remaining shall be transferred to the Fair and Exposition Fund for allocation in accordance with Section 3204.

(h) All of the costs of administering the account created by subdivision (a) shall be charged to the account.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 42. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3206

text: All revenues payable to the state and deposited in a separate account in the fund pursuant to Section 3205 that are allocated by the secretary for the purposes of paragraph (1) of subdivision (a) of Section 3205 are hereby pledged for the repayment of the principal of, and interest on, bonds issued by a joint powers agency, or of other debt service or expense incurred for the purposes described in that paragraph.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 43. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3207

text:
(a) Any joint powers agency requesting money in connection with the issuance of bonds for the purposes described in paragraph (1) of subdivision (a) of Section 3205 shall file an application with the secretary, in the form required by the secretary.

(b) The secretary shall, upon review of the applications, prepare a statement of allocation of money to the joint powers agency, in the priority the secretary deems appropriate.

(c) The secretary shall adopt regulations governing the allocation procedures to be followed in implementing this section.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 44. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3208

text: It is the intent of the Legislature in enacting Sections 3206, 3207, and 3209 to provide the revenues necessary for the financing by joint powers agencies of the described facilities and projects, which shall be deemed to be public capital improvements within the meaning of Article 4 (commencing with Section 6584) of Chapter 5 of Division 7 of Title 1 of the Government Code. Deposits into the account in the fund in accordance with paragraph (1) of subdivision (a) of Section 3205 shall continue through and include either the 20th year after the initial calendar year in which the revenues are collected, or whatever period of time is necessary to repay any borrowings of the joint powers funding mechanism.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 45. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3209

text:
(a) The State of California does hereby pledge to and agree with the holders of any bonds or other indebtedness issued, and with those joint powers agencies that may enter into project agreements with fairs or other third parties or authorize bonds or other indebtedness to be issued, in reliance on the revenue and deposits set forth in Section 3203 or the allocations set forth in subdivision (a) of Section 3205, that the state will not alter or change the structure of funding and deposits set forth in, or the pledge of funds for, debt service, security, including any coverage factors, and expenses, pursuant to those sections until the bonds and other indebtedness are fully paid or discharged and the project is fully performed or discharged. However, nothing precludes any alteration or change if and when adequate provision has been made by law for the protection from impairment of the contracts represented by the bonds, other indebtedness and projects, and the right to so alter or change is hereby reserved. Joint powers agencies may include this pledge and undertaking of the state in the bonds, agreements evidencing other indebtedness, and project agreements.

(b) The provisions of this chapter related to the issuance of bonds pursuant to Sections 3205 to 3209, inclusive, insofar as they are substantially the same as existing code provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 46. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3210

text:
(a) Notwithstanding any other law, neither the state nor the department is liable for any contract or tort of, or any action taken or any failure to act by, any fair in the network of California fairs that does not comply with the requirements of Section 3214.

(b) No member of the fair board, or any employee or agent thereof, is personally liable for the contracts or actions of the fair board, and no member of the fair board or employee or agent thereof is responsible individually in any way to any other person for error in judgment, mistakes, or other acts, either of commission or omission, as principal, agent, or employee, except for their own individual acts of dishonesty or crime. No member of the fair board shall be held responsible individually for any act or omission of any other member of the fair board. The liability of the members of the fair board is several and not joint, and no member is liable for the default of any other member.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 47. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3211

text:
(a) (1) The secretary shall prepare and submit to the Department of Finance an estimate of revenue to be deposited into the fund and allocations to be made from the fund for each fiscal year.

(2) The Director of Finance may authorize short-term cashflow loans from the unappropriated surplus of the General Fund to the Fair and Exposition Fund if both of the following conditions are met:

(A) The loan will be repaid during the same fiscal year in which it is made.

(B) No loan exceeds the amount remaining to be allocated in any fiscal year or 75 percent of the revenue estimated to be deposited into the Fair and Exposition Fund during the remainder of the fiscal year.

(b) The secretary shall notify the Controller when loans under this section are no longer required and any unnecessary loan funds shall be returned to the General Fund.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 48. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3212

text:
(a) In order to maintain their eligibility to receive funds or to utilize state assets, the fairs specified in Section 3101 shall do all of the following:

(1) File an annual statement of operations with the department.

(2) Conduct an annual fair that includes agriculture and other community-relevant exhibits and competitions.

(b) The department may withhold or restrict allocations to fairs that do not comply with this section or the fiscal standards or administrative standards established by the department. The department shall establish an appeal process for fairs regarding funds that are withheld or restricted.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 49. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3213

text:
(a) The authority of the department shall include, but is not limited to, requiring the California Exposition and State Fair to meet all applicable standards prescribed by the department.

(b) The department may delegate approval authority for matters as the department may determine to the Board of Directors of the California Exposition and State Fair if the fair complies with this section.

(c) Notwithstanding any other law, the department may assume all rights, duties, and powers of the Board of Directors of the California Exposition and State Fair if the department determines there is insufficient fiscal or administrative control. The board of directors shall again exercise these rights, duties, and powers when the department determines that the fair has been restored to solvency and is in compliance with this section.

(d) The department may petition a court of competent jurisdiction for an order appointing the department, or a person designated by the department, as a receiver if it determines that the California Exposition and State Fair is insolvent, or is in imminent danger of insolvency. The court shall appoint a receiver upon showing that the fair is insolvent or is in imminent danger of insolvency.

(e) For purposes of this section, “insolvency” means that the California Exposition and State Fair is unable to discharge its debts as they become due in the usual course of business.

(f) The General Fund and the Fairs and Exposition Fund shall be held harmless from any debts, liabilities, settlements, judgments, or liens incurred by the California Exposition and State Fair, including any deficiency in operating funds.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 50. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3214

text:
(a) The authority of the department shall include, but is not limited to, requiring district agricultural associations to meet all applicable standards prescribed by the department.

(b) The department may delegate approval authority for matters as the department may determine to the board of directors if the board complies with this section.

(c) Notwithstanding any other law, and in order to protect the integrity of the Fair and Exposition Fund, the department may assume any or all rights, duties, and powers of the board of directors of a district agricultural association if the department reasonably determines that there is insufficient fiscal or administrative control. The board of directors shall again exercise these rights, duties, and powers when the department determines that the fair is in compliance with this section.

(d) The department may petition a court of competent jurisdiction for an order appointing the department, or a person designated by the department, as a receiver if it determines that the fair is insolvent, or is in imminent danger of insolvency. The court shall appoint a receiver upon a showing that the fair is insolvent, or is in imminent danger of insolvency.

(e) For purposes of this section, “insolvency” means that the district agricultural association is unable to discharge its debts as they become due in the usual course of business.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 51. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3215

text:
The authority of the department shall include, but is not limited to, requiring county fairs and citrus fruit fairs to do all of the following:

(a) Meet all applicable standards prescribed by the department.

(b) Submit to the department for review and approval every five years a written agreement specifying the operational, financial, and administrative responsibilities between the entity producing the fair and the host county or the host agency.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 52. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3216

text: Funds appropriated from the Fair and Exposition Fund may be expended for the payment of premiums, for capital outlay purposes, including the purchase of land and equipment for construction and improvements, and for the general support and maintenance of the network of California fairs and for the department’s oversight of the network of California fairs.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 53. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3217

text:
(a) Notwithstanding Section 3216, any unanticipated revenues, other than any allocation from the state, that are in excess of the approved budget for any fiscal or calendar year of any California fair shall be retained by that fair.

(b) These funds may be expended, without regard to any fiscal year, by any fair to which Section 3216 applies, upon approval by the board of directors of that fair, which shall be recorded in the official minutes of the fair approving a plan of expenditure.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 54. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3218

text: If any California fair does not hold a fair in any year because of war conditions, or because the grounds or buildings of the fair have been taken over and occupied by the United States or its armed forces, or that fair is not held due to an act of God, or any unavoidable catastrophe, natural or human made, the fair shall nevertheless submit an annual statement of operations and shall not resume operations without a budget that has been approved by the department.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 55. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3219

text: The department may make and may administer loans from the Fair and Exposition Fund to any fair in the network of California fairs according to agreements that are specific to the circumstances that gave rise to a receiving fair’s need for a loan, subject to the fair’s demonstrated ability to repay the loan.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 56. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3220

text: Notwithstanding any other law, any fair qualified to receive an allocation that has complied with the requirements set forth in subdivision (b) of Section 3212, with the approval of the department, may expend available funds for the construction or operation of recreational and cultural facilities of general public interest.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 57. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3221

text: Notwithstanding any other law, the 1-A District Agricultural Association may, with the approval of the department, expend any money available for expenditure by the association, for construction, repairs, and equipment.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 58. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3222

text: All money appropriated pursuant to this chapter to the California Exposition and State Fair, the Los Angeles County Fair, the Sixth District Agricultural Association, known and designated as Exposition Park, the citrus fruit fairs, as defined in Section 4603, and the 1-A District Agricultural Association, is exempt from Section 16304 of the Government Code, and shall remain available for expenditure from year to year until expended.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 59. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3223

text:
(a) Appropriations and allocations from the Fair and Exposition Fund made pursuant to this chapter, other than those made under subdivision (b) of Section 3201, are exempt from Section 16304 of the Government Code. The date of the executive order is deemed to be the date when the appropriation becomes available for expenditure.

(b) All appropriations and allocations made by this article that are not exempted by this section from Section 16304 of the Government Code are subject to that section.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 60. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3224

text:
(a) The books and records of any county or citrus fruit fair or exposition receiving an appropriation or an allocation from the Fair and Exposition Fund, insofar as they relate to revenues and expenditures for fair or exposition purposes, may be audited by the Department of Finance.

(b) When any county or citrus fruit fair or exposition receiving an appropriation or allocation from the Fair and Exposition Fund contracts with an association to conduct the fair or exposition, the contract shall include a provision that the books and records of the association shall be subject to audit by the Department of Finance at the discretion of the department.

history: (History: Added by Stats. 2024, Ch. 559, Sec. 61. (AB 2143) Effective January 1, 2025.)


citation: FAC § 3301

text: It is the intent of the Legislature to vitalize the California Exposition and State Fair by creating a new entity in state government managed by a board of directors with sufficient autonomy for efficient operation balanced by appropriate state oversight. The board of directors shall develop a policy which provides managerial and fiscal responsibility and shall work towards a goal of fiscal independence from state General Fund support. The board of directors shall develop a policy which provides for an innovative program including the concept of an agriculturally themed exposition which would communicate the issues surrounding the production and marketing of food, fiber, and plant material to the general public and such other concepts as are feasible.

history: (History: Repealed and added by Stats. 1980, Ch. 1148.)

part: 2. CALIFORNIA EXPOSITION AND STATE FAIR

chapter: 1. General Provisions

path: 3. EXPOSITIONS AND FAIRS > 2. CALIFORNIA EXPOSITION AND STATE FAIR > 1. General Provisions


citation: FAC § 3302

text: No changes shall be made in the uses of the flood plain on California Exposition and State Fair property until the board has adopted a management plan for the flood plain area which complies with the law concerning Bushy Lake Preservation in Chapter 9 (commencing with Section 5830) of Division 5 of the Public Resources Code and with the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code).

history: (History: Amended by Stats. 1981, Ch. 1119, Sec. 1.)


citation: FAC § 3303

text: As used in this part, “board” or “board of directors” means the Board of Directors of the California Exposition and State Fair.


citation: FAC § 3304

text: All records, information, equipment, and real and personal property held by the Department of Parks and Recreation relating to the former California Exposition and State Fair administered and managed by the Department of Parks and Recreation shall be transferred to the California Exposition and State Fair created by Section 3311.

history: (History: Added by Stats. 1980, Ch. 1148.)


citation: FAC § 3305

text: All civil service employees of the Division of Exposition and State Fair of the Department of Parks and Recreation shall retain all of their positions, status, rights, privileges, and benefits. The California Exposition and State Fair shall not be required to retain any unnecessary officer or employee. The Department of Parks and Recreation shall endeavor to transfer as many of the affected employees as possible to other positions within the Department of Parks and Recreation. The California Exposition and State Fair created by Section 3311 shall endeavor to employ as many of the affected employees as possible.


citation: FAC § 3306

text:
The California Exposition and State Fair created by Section 3311 shall assume all of the obligation for any revenue bonds issued pursuant to Chapter 1072 of the Statutes of 1957.

Nothing in this part shall impair any of the rights given the holders of bonds sold by the State Public Works Board pursuant to the State Building Construction Act of 1955 (Part 10b (commencing with Section 15800) of Division 3 of Title 2 of the Government Code).


citation: FAC § 3307

text:
(a) All activities conducted at the California Exposition and State Fair are subject to the noise control ordinance, Chapter 66 (commencing with Section 66.101) of the Sacramento City Code, adopted by the City of Sacramento and in effect on December 1, 1983. Amendments to the ordinance made after December 1, 1983, are not applicable to the California Exposition and State Fair.

(b) The California Exposition and State Fair may obtain a variance from the noise ordinance pursuant to the provisions in the ordinance relating to a variance.

history: (History: Added by Stats. 1984, Ch. 878, Sec. 1.)


citation: FAC § 3311

text: The California Exposition and State Fair is hereby created as a separate independent entity in state government. The California Exposition and State Fair shall be governed by its board of directors.

history: (History: Amended by Stats. 1997, Ch. 694, Sec. 1.6. Effective January 1, 1998.)

chapter: 2. Organization

path: 3. EXPOSITIONS AND FAIRS > 2. CALIFORNIA EXPOSITION AND STATE FAIR > 2. Organization


citation: FAC § 3312

text:
(a) The governing body of the California Exposition and State Fair shall be an 11-member board of directors. The directors shall be residents of California and shall be appointed as follows:

(1) Nine directors shall be appointed by the Governor with the consent of the Senate. The directors appointed by the Governor shall have general knowledge of, interest in, and expertise in one or more of the following areas: fair management, city or county government, horseracing, the arts, exhibiting, the media, education, youth, commerce and commercial products of the state, industry and industrial products of the state, agricultural production and forest industries, the entertainment industry, livestock and poultry, sports, recreation, fisheries, oceanography, organized labor, and finance and banking.

(A) Five of the directors appointed by the Governor shall be knowledgeable in the production, processing, or marketing of agricultural products and may be appointed from lists of nominees submitted for consideration to the Governor from California agricultural organizations, district agricultural associations, and county and citrus fruit fairs.

(B) One of the directors appointed by the Governor shall be a public member.

(C) Three of the directors appointed by the Governor shall be representative, to the extent possible, of areas of knowledge, interest, and expertise enumerated in this paragraph.

(2) One director shall be appointed by the Speaker of the Assembly and one director shall be appointed by the Senate Committee on Rules. These persons shall be representative, to the extent possible, of areas of knowledge, interest, and expertise enumerated in paragraph (1).

(b) Except for directors appointed by the Speaker of the Assembly, the directors shall be appointed for four-year terms. The appointing authority shall appoint directors to fill vacancies which occur during a term, and except for directors appointed by the Speaker of the Assembly, the appointments shall be for the remainder of the unexpired term. Of the four vacancies that will occur on December 31, 1986, two of the vacancies shall be filled by persons appointed pursuant to paragraph (2) of subdivision (a).

history: (History: Amended by Stats. 2018, Ch. 43, Sec. 2. (AB 1831) Effective June 27, 2018.)


citation: FAC § 3313

text: The board may annually select a chairperson from among the directors.


citation: FAC § 3314

text: The directors shall serve without compensation, but shall be reimbursed for all necessary expenses actually incurred in the performance of their duties.


citation: FAC § 3315

text:
Any director who misses three consecutive regular meetings of the board without permission of the board shall be deemed to have resigned from the board.

A director may be removed for cause by the Governor, upon recommendation of the board.


citation: FAC § 3316

text:
The board may appoint advisory committees. Advisory committees may provide information and advice to the board with respect to the operations and management of the California Exposition and State Fair or such other matters as the board deems appropriate.

The California State Fair Advisory Commission is hereby abolished. Nothing in this part shall, however, prevent the members of the former commission from being appointed to the board or advisory committees.


citation: FAC § 3317

text: The two Members of the Legislature who represent the Assembly and Senate district in which the California Exposition and State Fair facilities are located and the chairperson and vice chairperson of the Joint Committee on Fairs Allocation and Classification shall meet with and, except as otherwise provided by the Constitution, advise the board to the extent that such advisory participation is not incompatible with their duties as Members of the Legislature.

history: (History: Amended by Stats. 2006, Ch. 825, Sec. 1. Effective September 30, 2006.)


citation: FAC § 3321

text: The board shall appoint, pursuant to Section 4 of Article VII of the California Constitution, a general manager of the California Exposition and State Fair who shall serve at the pleasure of the board. The term of office and duties of the general manager shall be determined by the board.

chapter: 3. Administration

path: 3. EXPOSITIONS AND FAIRS > 2. CALIFORNIA EXPOSITION AND STATE FAIR > 3. Administration


citation: FAC § 3322

text:
(a) The following officers of the California Exposition and State Fair shall be appointed by the Governor, pursuant to Section 4 of Article VII of the California Constitution, upon recommendation of the board:

(1) Deputy general manager.

(2) Program manager.

(3) Marketing manager.

(b) The state officers appointed pursuant to subdivision (a) shall serve at the pleasure of the board, under the direction of the general manager.

history: (History: Amended by Stats. 2006, Ch. 825, Sec. 2. Effective September 30, 2006.)


citation: FAC § 3331

text:
The board shall serve as the policymaking body for the California Exposition and State Fair and shall have full responsibility for the year-round management and operation of all facilities of the California Exposition and State Fair.

The board shall provide for an annual fair in one or more seasonal divisions in Sacramento County of the industries and industrial products of the state and commercial products exported and imported through the ports of the state. The fair shall be designated the California State Fair.

chapter: 4. Powers and Duties

path: 3. EXPOSITIONS AND FAIRS > 2. CALIFORNIA EXPOSITION AND STATE FAIR > 4. Powers and Duties


citation: FAC § 3332

text:
The board may do any of the following:

(a) Contract.

(b) Accept funds or gifts of value from the United States or any person to aid in carrying out the purposes of this part.

(c) Conduct or contract for programs, either independently or in cooperation with any individual, public or private organization, or federal, state, or local governmental agency.

(d) Establish and maintain a bank checking account or a savings and loan association account, approved by the Director of Finance in accordance with Sections 16506 and 16605 of the Government Code, for depositing funds received by the California Exposition and State Fair. Notwithstanding Section 13340 of the Government Code, all funds maintained in an account authorized by this subdivision are continuously appropriated to the board, without regard to fiscal year, to carry out this part.

(e) Establish a program for paying vendors who contract with the California Exposition and State Fair.

(f) Make or adopt all necessary orders, rules, or regulations for governing the activities of the California Exposition and State Fair. Notwithstanding Section 14, any orders, rules, or regulations adopted by the board are exempt from Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. For informational purposes only, however, any order, rule, or regulation adopted by the board may be transmitted to the Office of Administrative Law for filing with the Secretary of State pursuant to Section 11343 of the Government Code.

(g) Delegate to the officers and employees of the California Exposition and State Fair the authority to appoint civil service personnel according to state civil service procedures. The board may also delegate to officers and employees of the California Exposition and State Fair the independent authority to appoint marshals and police as authorized by subdivision (j).

(h) Operate a payroll system for paying employees, and a system for accounting for vacation and sick leave credits of employees.

(i) Delegate to the officers and employees of the California Exposition and State Fair the exercise of powers vested in the board as the board may deem desirable for the orderly management and operation of the California Exposition and State Fair.

(j) Appoint all necessary marshals and police to keep order and preserve peace at the California Exposition and State Fair premises on a year-round basis who shall have the powers of peace officers specified in Section 830.2 of the Penal Code. A peace officer of the Department of the California Highway Patrol may be employed as a peace officer while off duty from his or her regular employment, subject to those conditions as may be set forth by the Commissioner of the Department of the California Highway Patrol. At least 75 percent of the persons appointed pursuant to this subdivision shall possess the basic certificate issued by the Commission on Peace Officers Standards and Training. The remaining 25 percent may be appointed if the person has completed a Peace Officer Standards and Training-certified academy, or possesses a Level One Reserve Certificate (as defined in Section 832.6 of the Penal Code). Of this 25 percent, any portion may be comprised of probation officers certified under Section 832. Nothing in this subdivision shall be construed to give probation officers appointed pursuant to this subdivision peace officer powers pursuant to Section 830.2 of the Penal Code.

(k) With the approval of the Department of General Services, purchase, acquire, or hold real or personal property, and beautify or improve that property. Any acquisition of land or other real property is subject to the approval of the Department of General Services, and in the case of the purchase of real property, is subject to the Property Acquisition Law (Part 11 (commencing with Section 15850) of Division 3 of Title 2 of the Government Code).

(l) With the approval of the Department of General Services, make permanent improvements upon publicly owned real property adjacent to, or near the vicinity of, the real property of the California Exposition and State Fair when the improvements materially benefit the property of the California Exposition and State Fair.

(m) Lease, with the approval of the Department of General Services, any of its property for any purpose for any period of time.

(n) Use or manage any of its property, with the approval of the Department of General Services, jointly or in connection with any lessee or sublessee, for any purpose approved by the board.

(o) With the approval of the Department of General Services, pledge any and all revenues, moneys, accounts, accounts receivable, contract rights, and other rights to payment of whatever kind, pursuant to such terms and conditions as are approved by the board. Any issuance of bonds, contracts entered into, debts incurred, settlements, judgments, or liens under this section or pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, shall not directly, indirectly, or contingently obligate the state or any political subdivision thereof to levy or to pledge any form of taxation therefor or to make any appropriation for their payment. Any such bond shall contain on the face thereof a statement to the following effect: “Neither the full faith and credit nor the taxing power of the State of California is pledged to the payment of the principal of, or interest on this bond.”

history: (History: Amended by Stats. 2006, Ch. 825, Sec. 3. Effective September 30, 2006.)


text: Notwithstanding any other provision of law and in accordance with procedures established by the board, the board may enter into agreements to secure donations, memberships, and corporate and individual sponsorships, and may enter into marketing and licensing agreements for the receipt of money, or services or products in lieu of money, and may employ an entity or individual, or create and participate in an entity, or enter into an agreement with an entity or person to develop, solicit, sell, and service these agreements. The compensation for the entity or person shall be established by the board.

history: (History: Amended by Stats. 2001, Ch. 423, Sec. 2. Effective January 1, 2002.)


text:
Notwithstanding any other law, the board is authorized to enter into an agreement for the use of the Cal Expo Lot Z property with the City of Sacramento and the County of Sacramento for a term of five years, provided, however, that in no event shall the California Exposition and State Fair or the State of California be liable for any damages or losses arising directly or indirectly as a result of the use of Cal Expo Lot Z by the City of Sacramento and the County of Sacramento. Any agreement entered into pursuant to this section shall authorize the City of Sacramento and the County of Sacramento to provide on the Cal Expo Lot Z property emergency shelter and other services described in subdivision (b) to individuals experiencing homelessness. The city and the county may contract with a service provider for this purpose.

(b) Emergency shelter and services provided on the Cal Expo Lot Z property may include, but are not limited to, the following:

(1) Full-service, interdisciplinary resources, including mental health and substance abuse programs.

(2) Emergency and interim housing solutions, such as tiny homes, noncongregate shelters, or dormitory style housing, subject to the requirements of Section 8698.4 of the Government Code.

(c) Any agreement for the use of the Cal Expo Lot Z property shall be approved at an open meeting by the City Council of the City of Sacramento and the Board of Supervisors of the County of Sacramento.

(d) (1)   The City of Sacramento and the County of Sacramento County shall prioritize the emergency shelter and services provided pursuant to this section in accordance with the following:

(A) First priority shall be given to persons illegally camping in areas of the American River Parkway that have a high risk of fire.

(B) Second priority shall be given to persons illegally camping within sensitive habitat areas of the American River Parkway.

(C) Third priority shall be given to persons illegally camping within other areas of or on lands that are adjacent to the American River Parkway.

(2) For purposes of this subdivision, “adjacent to” has the same meaning as subdivision (a) of Section 5845.2 of the Public Resources Code.

(e) Any agreement entered into pursuant to this section shall be exempt from the Bushy Lake Preservation Act (Chapter 9 (commencing with Section 5830) of Division 5 of the Public Resources Code) and the Urban American River Parkway Preservation Act (Chapter 10 (commencing with Section 5840) of Division 5 of the Public Resources Code). When establishing emergency shelter and other services on the Cal Expo Lot Z property, the city and the county shall take the following actions in accordance with the intent of the Bushy Lake Preservation Act and the Urban American River Parkway Preservation Act:

(1) Locating shelter facilities on the portion of the Cal Expo Lot Z property that is as far away as practicable from the sensitive habitat portions of Bushy Lake and is designed to minimize the facility’s footprint within the American River Parkway Plan.

(2) Incorporating fencing to discourage, to the extent practical, residents from entering or going to the sensitive Bushy Lake habitat areas.

(3) Incorporating measures to prevent trespassing or unlawful entry into the developed portions of Cal Expo or any other area not associated with Parking Lot Z.

(f) For purposes of this section “Cal Expo Lot Z” means a portion of the real property located at 500 Ethan Way, in the City of Sacramento, consisting of approximately 8.89 acres and commonly known as Cal Expo Lot Z.

(g) Nothing in this section reduces or waives any requirements to comply with the requirements necessary to qualify for state homelessness funding.

(h) For purposes of this section, any agreement is restricted to Lot Z, and not to interfere with the operations taking place within the state’s fairgrounds.

history: (History: Added by Stats. 2021, Ch. 255, Sec. 3. (AB 175) Effective September 23, 2021.)


text: If the board at any time sends out a request for proposal that could result in an agreement between the board and another party on any matter for a term in excess of 20 years, a copy of that request for proposal shall be sent to the Assembly Committee on Rules and the Senate Committee on Rules at the time at which the request is sent to prospective bidders.

history: (History: Added by Stats. 1986, Ch. 8, Sec. 1.5. Effective February 25, 1986.)


text: The California Exposition and State Fair may enter into a joint powers agreement with a joint powers authority created pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code for the purpose of planning, designing, and constructing real property improvements, including new construction, alteration, extension, betterment, and repair, and the purchase of fixed and movable equipment. The planning, designing, and constructing of these improvements shall be undertaken in accordance only with those restrictions applicable to the joint powers authority.

history: (History: Added by Stats. 1994, Ch. 695, Sec. 1. Effective January 1, 1995.)


citation: FAC § 3333

text: The board shall submit a report to the Legislature and Governor on or before May 31st of each year with respect to the financial condition, present operations, and future planned activities of the California Exposition and State Fair.

history: (History: Amended by Stats. 2006, Ch. 825, Sec. 4. Effective September 30, 2006.)


citation: FAC § 3334

text: All records of the California Exposition and State Fair for entries in any of its events are public records, except entries in events which are scheduled for future judging or overnight entries in races on which there is parimutuel wagering prior to such events, judging, or races.


citation: FAC § 3351

text:
(a) There is hereby created the State Fair Leasing Authority, a joint powers authority formed pursuant to Chapter 5 (commencing with Section 6500) of Division 7 of Title 1 of the Government Code, which shall be composed of the Department of Food and Agriculture, the Department of Finance, the Department of General Services, and the California Exposition and State Fair.

(b) For the purposes of Section 6502 of the Government Code, the common powers to be exercised by the State Fair Leasing Authority shall be the powers of a district agricultural association.

history: (History: Added by Stats. 2007, Ch. 293, Sec. 1. Effective January 1, 2008.)

chapter: 5. State Fair Leasing Authority

path: 3. EXPOSITIONS AND FAIRS > 2. CALIFORNIA EXPOSITION AND STATE FAIR > 5. State Fair Leasing Authority


citation: FAC § 3352

text:
(a) The authority shall be governed by a board of directors, which shall be composed of the Secretary of Food and Agriculture, the Director of Finance, the Director of General Services, and four individuals, appointed as provided in paragraph (1), who are members of the Board of Directors of the California Exposition and State Fair. The Treasurer and Controller shall be members of the board of the authority only for the purposes of hearing and deciding upon matters related to the issuance of revenue bonds pursuant to this chapter. The Director of Finance shall serve as chairperson of the authority. All meetings of the authority shall be open and public.

(1) Of the four appointed members of the Board of Directors of the California Exposition and State Fair, one shall be appointed by the Speaker of the Assembly, one shall be appointed by the Senate Committee on Rules, and two shall be appointed by the Governor.

(2) The authority may contract with consultants as approved by the board of the authority. The authority shall not employ any other staff.

(3) The general manager of the California Exposition and State Fair may serve only in an advisory capacity to the authority.

(b) The authority is a “department” for the purposes of hearings pursuant to Article 2 (commencing with Section 11180) of Chapter 2 of Part 1 of Division 3 of Title 2 of the Government Code.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 78. Effective January 1, 2009.)


citation: FAC § 3353

text:
(a) The California Exposition and State Fair shall provide clerical services and the use of its staff without charge to the authority. The Department of Finance, the Department of Food and Agriculture, the Department of General Services, and the California Horse Racing Board shall cooperate with the authority, and, upon request of the chairperson of the authority, shall provide the authority with the reasonable and periodic use of their staffs.

(b) The Attorney General shall serve as counsel for, and adviser to, the authority, and shall approve outside counsel to the authority in furtherance of the provisions of this chapter, as requested by the chairperson of the authority.

(c) The costs, if any, for services to the authority specified in subdivisions (a) and (b) shall be paid for by the authority, with funds generated pursuant to this chapter. Any costs in excess of the funds available to the authority shall be paid by the California Exposition and State Fair.


citation: FAC § 3354

text: The authority may enter into leases or other agreements for the use of the State Fair Race Track or any other property owned or controlled by the California Exposition and State Fair which are necessary to further the purposes of Section 3331 or to provide horse racing at the State Fair Race Track. A lease or agreement entered into pursuant to this section shall be on behalf of the California Exposition and State Fair, and the State Fair shall continue in control of its property, subject to the conditions and terms of that lease or agreement.


citation: FAC § 3355

text: The California Exposition and State Fair, in consultation with the authority, shall prepare a master plan approved by the board of directors of the fair for the long-range comprehensive development and improvement of, and construction upon, the property of the California Exposition and State Fair. The plan shall prescribe the amounts which may be expended for the various features of the plan, the period authorized for the completion of each project, and the terms of any revenue bond financing undertaken with respect to the plan. The plan shall require that any revenue bond financing shall be rated in one of the four highest rating categories by two nationally recognized rating agencies. Upon its completion, the master plan shall be submitted to the Joint Legislative Budget Committee for review. The master plan is subject to amendment by the authority, with the approval of the Board of Directors of the California State Fair.


citation: FAC § 3356

text: The California Horse Racing Board, at the request of the authority, shall certify the eligibility of any prospective lessee or user of the property to be licensed to conduct horse racing at the State Fair Race Track.


citation: FAC § 3357

text:
(a) In leasing, or entering into agreements for the use of, the State Fair Race Track or other property owned or controlled by the California Exposition and State Fair, the authority shall follow the same procedures, as appropriate, as the Department of General Services follows in leasing or entering into similar agreements for other state real property. The authority shall also consult with, and present for comment the lease or agreement to, the governing bodies of the City and County of Sacramento prior to awarding the lease or entering into the agreement.

(b) Prior to awarding a lease of, or entering into an agreement for the use of, the State Fair Race Track or other property owned or controlled by the California Exposition and State Fair, the authority shall consider all the factors concerning appropriate capital improvements of the race track, the financing of the race track, additional racing opportunities, and the use of new or additional properties or facilities, including, but not limited to, a grandstand or grandstand improvements, which factors shall be considered in the award of the lease or entering into the agreement. The authority shall also consult with, and present for comment the lease or agreement to, the governing bodies of the City and County of Sacramento prior to awarding the lease or entering into the agreement.

history: (History: Amended by Stats. 2008, Ch. 179, Sec. 79. Effective January 1, 2009.)


citation: FAC § 3358

text: If the authority makes a determination pursuant to this chapter about an action it proposes to take in awarding the State Fair Race Track lease or entering into the agreement, it shall report to the Legislature, setting forth the procedures followed by the authority in reaching its determination and the reasons the proposed award or agreement is in the best interests of the state. The authority shall also make recommendations regarding any additional legislation which it deems necessary. However, no legislative action is required to make a lease or agreement entered into by the authority effective and operative.


citation: FAC § 3359

text: After the award of a lease or upon entering into an agreement for the use of State Fair property, the authority shall meet periodically to review the operation of the lease or agreement, and the master plan, and to consider any other related matters. It shall also make any recommendations that it deems proper to the Legislature, other state agencies, including, but not limited to, the California Exposition and State Fair, and to the lessee or user of the property.