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in xe:Department of Food and Agriculture

Regulatory Action:

Title 03, California Code of Regulations

Amend sections: 3435(b)

NOTICE OF APPROVAL OF EMERGENCY.REGULATORY ACTION

Government Code Sections 11346.1 and11349.6

OAL Matter Number: 2017-0322-03E

OAL Matter Type: Emergency (E)

This emergency rulemaking by the Department of Food and Agriculture expands thequarantine area for the .Asian Citrus Psyllid ("ACP") Diaphorina citri in the Union Cityarea of Alameda County. The Union City quarantine area is being expanded byapproximately 30 square miles in response to the .identification of one adult AGP onMarch. 3, .2017. This expansion will also result in combining. the quarantine areas forAlameda and Santa Clara counties, as well as re-numbering wi#hin subdivision (b) ofsection 3435 of title 3 of the California Code of Regulations. This action providesauthority for the State to perForm quarantine activities against ACP within this addi#ionalarea.

SAL approves this emergency regulatory action pursuant to sections 11346.1 and11349.6 of the Government .Code.

This emergency regulatory action is effective an 3/24/2017 and will expire on 9/21/2017.The Certificate of Compliance for this action is due no later than 9/20/2017.

Date: March 24, 2017obar

Attorney

For: Debra M. CornezDirector

Original: Karen RossCopy: Sara Khalid

STATE Of CALIFORNIA--OFFICE Of ADMIT ~ ' ~ ~ '.

R101'ICEPUBl.I~ATIC~~tfi~~c~tlf ~1-~~I~~~S~~f~r~~~~~7~~ __ tse~Enstructionsonreverse)

ST0. 400 (REV. OI-2073)

OAL FILE NOTICE FILE NUMBER REGULATORY AQiON NUMBER EMERGENCY NUMBER

NUMBERS ~~ ~~~`' ~ /3~~"~J~~

For useby Office,of Administrative Law {OAL) only

For use by Secretary of State only

tR ~ ~

,~

-,

NOTICE .REGULATIONS

AGENCY WITH RULEMAKING AUTHORITY AGENCY FILE NUMBER (If any)

Department of Food and Agriculture

A. PUBLICATIQN OF NOTItE {complete for.publica#ion in Notice Register)1. SUBJECT OF NOTICE TITLE(5) FIRST SECTION AFFECTED 2. REQUESTED PUBLICATION DATE

3. NOTICE TYPE 4. AGENCY CONTACT PERSON TELEPHONE NUMBER FAX NUMBER (Optional)Notice re ProposedRe ulato Action ❑Other

OAL USE ACTION ON PROPOSED NOTICE NOTICEREGISTER NUM19BER i PUBLICATION DATE❑ Approved es _ ~ Approved as ❑ Disapproved! ~

ONLY submitted Modified tivithdrawn j—... __._

B. SUBtVl15510N OF REGUtAT10N5 (Complete when submitting regulations]1a. SUBJECT OF REGULATIONS) 1b. All PREVIOUS REIATED OAS REGULATORY ACTION NUMBER{S)

Asian Citrus Psyllid Interior Quarantine

2. SPEQFY CALIFORNIA CODE OF REGULATIONS TITLEtS)AND SECTIONS) (including tithe 26, if toxics related)

ADOPT ---- .--SEtTION(5)AFFECTEDil,ist af! section numbers)iredividually.Attath aMEN~

additional sheet if needed.) 3435(b)

TITLES) REPEAL ~.

3

3. TYPE OF FILING

Regular Rulemaking (Gov.. ~ Certificate of Com liance: The a enc officer namedp 9 Y Emergency Readopt IGov. Chan es Without Re ulatorlode§11346) ~ ~ 9 9 Ybelow certifies that this agency complied with the Code, §i 1346.1 (hp Effect (Cal. Code Regs, title❑ Resubmittal of disapproved or . provisions of Gov. lode §417346.2-11347.3 either 1, §100)withdrawn nonemergency before the emergency regulation was adopted or

9 ( within the time period required by statute. File &Print Print Onifilin Gov. Code §311349.3, ❑ ❑ Y

11349.4)Emer enc (Gov. Code, Resubmittal of disapproved or withdrawn9 Y ~ ~ Other,{Specify)§11346J(b)) emergencyfiiingtGov.Code, §11346.7)

4. ALL BEGINNING AND ENDING DATES OF AVAILABILITY OF MODIFIED REGULATIONS AND/Oft MATERIAL ADDED TO THE RULEMAKING fllE (Cal. Code Re9s. title i, §44 and Gov. Code §t 1341.1)

5. EFFECTIVE DATE OF CHANGES (Gov. Code, 4§ 71343.4, 1 1346.1 (d); Cal. Code Regs., title t, § 100)

❑ Effective January 1, April 1, July 1, or o EBective on filing with ❑ 4t00 Changes Without ~ Ef(eciiveOctober 1 (Gov. Code §11343A(a)j Secretary of State Regulatory Effect other (Specify)

6. CHECK IF.THESE REGULATIONS REQUIRE NOTICE TO, OR REVIEW, CONSULTATION, gPPROVAI OR CONCURRENCE BY, ANOTHER AGENCY OR ENTITY

Department of Finance (Form STD.394) iSAM §6660) ~ Fair Political Practices Commission ~ State Fire Marshal

Other {Specify)

7. CONTACT PERSON TELEPHONE NUMBER FAX NUMBER {Optional) E-MAIL ADDRESS (Oplional)Sara Khalil 1916-403-6625 Sara.Khalid@cdfa.ca.gov

$• i certify that the atEached copy of the regulations) is a #rue and correct copy For use by office of Administrative. Law (OAL) only

of the regul~tion(s) identified on this form, that the information specified on this formis true a d~correct, a 1 am the head of the agency taking this action,or a de gnee a# head of e ncy, mnd am authorized to make this certification.

SIGNATUR F B NCY H R~ESIGNE DA,T~E~7 ~ ~` ~

/~ l

~ ~ i

Robert tatewide C rd' tar, Pierce's Disease Control Program

Amend the followingsection:

Section 3435. Asian Citrus F~syllid Quarantine.

(b) Area Under Quarantine:

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(43) In San Joaquin and Stanislaus Counties, in the French Camp, Oakdale, Modesto,

Tracy, Manteca, Escalon, Lodi, and Lockeford areas:...

(~4) In Madera County, in the Madera area:...

(~5) The entire counties of Fresno, ImperiaC, dos Angeles, Orange, Riverside, San

Bernardino, San Diego, Santa Barbara, Tulare and Ventura. "

(~6) In San Benito County:...

{~7) In Stanislaus and Merced Counties:...

(~98) In San Mateo and San Francisco Counties, in the Daly City and San Bruna areas:...

(a-99) In Kings County:...

(~-~-1Q) In'tVlonterey County, in the Salinas area::`.

(~11) In Placer County, in the Lincoln area:...

0312) In Solana and Napa Counties; in the Fairfield area:.::

(~-413) In Alameda and Contra Costa Counties, in the Oakland area:...

4

(14~) in Alameda and Santa ,Clara Counties, in the Union: City, San Jose, Milpitas, and

:Santa Clara. areas: Beginning at the intersection . of ;Madsen Street and Meek Avenue;

then, starting easterly along said avenue to its intersection with D Street; then,

northeasterly along said street to its intersection with Old Quarry Road; then,

northeasterly along said road to its intersection with an Imaginary Line at the end of said

road; then, northeasterly along said line to its intersection with Five Canyons Parkway at

37.686035 latitude and -122.040804 longitude; then, northerly along said parkway to its

intersection with E Castro Valley Boulevard; then, northeasterly along said boulevard to

its intersection with Paloverde Road; then, southeasterly along said road to its intersection

with Palomares Road; then, southeasterly along Palomares Road to its intersection with

an Imaginary Line at 37.682446 latitude and -122.017468 longitude; then, southeasterly

along said line to its intersection with an Unnamed Road at 37.674237 latitude and -

121.985739 longitude; then, southeasterly along an Imaginary Line to its intersection with.

an Unnamed Road at 37.665816 latitude and -121.969661 longitude; then, southeasterly

along said road to its intersection with Sunol Ridge Trail; then, southeasterly along Sunol

:Ridge Trail to its intersection with an Imaginary Line at '~~.~,-o~~,~ 37.594370 latitude and

-~~~.°~'~~~~ -121.895933 longitude; then, £~E,~ ,+ southwesterly along said line to its

intersection with the Union Pacific Railroad at 37.59~5~~4701 latitude and

121.9~~~-~a-01701 longitude; then,~VU~"L~ster4~northwesterly along said railroad to its

.intersection with Alameda Creek; then, southeasterly along said creek to its intersection

with Calaveras Creek; then, southerly along Calaveras Creek to its intersection with

Interstate 680; thef~, southwesterl~alonq_said interstate to its intersection with Durham

Road; then, eastPr!}~ along said road to PasPo Padre Park~Nay; then, ror+herly al~nq said

parkway to its intersection with Pine Street; then, northeasterly along said street to its

intersection with Anza-Pine Road; #hen, northeasterly along said road to Panorama Trail;

then, southeasterly along said trait to its intersection with an Unnamed Road at 37.526398

latitude and -121.90083Q longitude; then, northeasterl~~ along said road to its intersection

with Mill Creek Road; fihen, southeasterly along Mill Creek Raad to its intersection with

an Imaginary ~:ine at 37.519268 latitude and -121.868891 longitude; then, southeasterly

along said line to its-intersection with Calaveras Road and. Leyden Creek; then, easterly

along said creek to its intersection with Carnp Ohlone Road; then, southeasterl~~

0

said road to its intersection with Geary Road; then, southeasterly along said road to its

intersection with Alameda Creek; then, southerly along said creek to its intersection with

Alameda Diversion Tunnel; then, southwesterly along said tunnel to its intersection with

the Santa Clara County Line at 37.484067 latitude and -121.795776 longitude; then,

easterly along said line to its intersection with an Imaginary Line at 37.484121 latitude

and -121.782138 longitude; then, southerly along said line to its intersection with Arroyo

Aguaque at 37.382865 latitude and =121.772060 longitude; then, southeasterly along

Arroyo Aquague to its intersection with Joseph D. Grant County Park Boundary; then,

southwesterly along said boundary to its intersection with an unnamed road at 37.308691

latitude and =121.715077 longitude; then, southwesterly along said road to its intersection

with an Unnamed Road at 37.289680 latitude and -121.713879 longitude; then, southerly

along an (ma, i~ry Line to its intersection with San Felipe Road at 37.266800 latitude

and -121.733612 longitude; then, southerly clang an Imaginary Line to its intersection

with Cerro Crest Drive and Long,hill Way; then; southerly along Longhill Way to its

intersection with Basking Ridge Avenue; then, southerly along an Ima iq nary Line to its

intersection with Forsum Road and Prindiville Drive; then, southerly along'said drive to its

intersection with Prindiville' Drive and an Imaginary Line at 37.230882 latitude and -

121.758996 longitude; then, southerly along said line to its intersection with Leominster

Court at 37.229759 latitude and -121.759337 longitude; then; southerly along said' court

to its intersection. with Cheltenham Way; then,: southwesterly afonq said wa ty o its.

intersection wifih Santa Teresa Boulevard; then, southeasterly along said boulevard to its

intersection with an Unnamed Creek at 37.217607 latitude and -121.758776 longitude;

then, southwesterly along said creek to its intersection with Santa Teresa Park Boundary

at 37.214621 latitude and..-121.766148 longitude; then, westerly along said boundary to

its intersection with. Santa Teresa County Park Boundary at 37.209048 latitude and -

121.796407 longitude; then, westerly along an Imaginary Line to its intersection with

Harry Raad at 37.208925 latitude and -121.820066 longitude; then, southerly along said

road to its intersection with Rlmaden Expressway; then, northwesterly along said

expressway to its intersection with Raikovich Wav; then, southwesterly along said way to

its intersection with Glenview Drive; then, southerly along said drive to its intersection with

Echo Valley Drive: then, northwesterly aloha said drive. to its intersecfiian with Leyland

6

Park Drive; Then, northerly along said drive to its intersection wi#h Woodcliff Drive• then

sautherly along said drive #o its intersection with Skvfarm Drive• then northerly along said

:drive to its intersection with Camden Drive then northwesterly along said drive to its

intersection with Almond Blossom Lane then westerly along said lane to its intersection

with Harwood Road; then, northerly along said road to its. intersection with Blossom Hill

Raad~ then westerly along said road to its intersection with Leigh Avenue" then northerly

along said avenue to its intersection with Anne Way then westerly along said way to its

.intersection with Kensington Way then northerly along said way to its intersection with

Hershner Drive, .:then, easterly afonq said drive to its intersection with Kentfield Drive'

then, northerly along said drive to its,intersectian with Los Gatos Almaden Raad~ then

westerlu along said road to its intersection with Union Avenue' then northerly alanq said

road to its intersection with Rosswood Drive• then southwesterly along said driue to its

intersection with Esther Drive; ::then, northerly alon,~ said drive to its intersection with

Samaritan Drive; then, wes#erly alana said drive to >its .intersection with Los Ga#os

Boulevard; then, northeasterly along said ,boulevard to its intersection with Ca~ifarnia

Highway 85 N; then, northwesterly along said highwav:to its intersection with Winchester

.Boulevard; then, northeasterly along :said boulevard to its intersection with W Hacienda

Avenue; then, westerly along said avenue to its intersection with Virginia Avenue then

nvrtherly along said avenue to its intersection with W Campb~l( Avenue then easterly

along said avenue to its intersection with San Tomas Expressway' then r~artherly along

said expressway to its intersection with Williams Road' -then wester) rL along said .

boulevard to its intersection with Banton Avenue; then, northerly along said avenue to

its interse~t~on with Blackford Avenue; #heir-~nresterly along said avenue tv its irtersectian

with Rebecca Wav~ then norfherlV along said way #o its in#ersection with Moorpark

Avenue.; then,,westerly along said avenue to its intersection with Saratoga Avenue then

northeasterly alan~ .:said ::avenue... to its intersection with Kiely:Boulevard• ::then, northery

along said boulevard #o its intersection wi#h Mauricia Avenue.' then westerly clan said

avenue to its intersection :with Redwood Avenue; then northerly abnq said avenue #o its

intersection with Pruneridge Avenue; then, westerly along said ausnue to its intersection

with.: Woodhams Raad; then, northerly along said road to its intersection with Forbes

Avenue; then, westerly alon~:;said avenue to its intersection with Saratoga Creek' then

northeasterly along said creek to its intersection with Homestead Road; then, wester)

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3~4~9~-1-~-1a~+tt~ ~d ~-2~~~--I~~~+~~~~then, northerly along the. San Francisco

Bay. to its intersection with California State Route 92 East at 37.616660 latitude and -

122.155862 longitude; then, northeasterly along said route to its .intersection with Clawiter

Road; then,. northerly along said road. to. its intersection with Depot Road; then, easterly

along said road to its intersection with Mahr Drive; then, northerly along .said drive to its

intersection with West Street; then, northeasterly along said streefi to its intersection with.

Hesperian Boulevard; .then, northerly .along said .boulevard to its intersection .with

Southland Drive; then, northeasterly along said drive to its .intersection with W Winton

Avenue.; then, northeasterly along said avenue to its intersection with the Union Pacific

Railroad; then, northwesterly along the Union Pacific Railroad to .its intersection with an

Imaginary Line at 37.661820 latitude and -122A94725 longitude; then, easterly along

said line to its intersection with Staley Avenue. at the beginning of said avenue; then,

northeasterly along said avenue to its intersection with Madsen Street; then, northerly

along said street to the paint of beginning.

(15~) In Solana County, in the Dixon area:...

{16~} In Yola and.Sacramenta Counties, in the West Sacramento area:...

Nate:. Authority cited: Sections 407, 5301, 5302 and 5322, Food. and Agricultural Code.

Reference: Sections 401.5, 407, 5301., 53Q2, 5321 and 5322, Food and Agricultural Cade.