BILL ANALYSIS AB 219 Page 1 Date of Hearing: March 25, 2009 ASSEMBLY COMMITTEE ON AGRICULTURE Cathleen Galgiani, Chair AB 219 (Ruskin) - As Introduced: February 4, 2009 SUBJECT : Pest control: plant quarantine inspection stations: penalties. SUMMARY : Increases the civil penalties to every operator of a motor vehicle from $1,000 to $2,500 per violation, for not obtaining a certificate of inspection when entering the State of California with a shipment of any agricultural commodity; and, makes technical, non-substantive changes. EXISTING LAW requires every operator of a motor vehicle, upon entering California with a shipment of any agricultural commodity, to have the vehicle and the shipment inspected, and requires that an inspection certificate be obtained. Failure to obtain this certificate would result in a civil penalty of $1,000 per violation. Statute directs the courts, in determining the severity of the penalty, to consider any prior violations of the same nature within the preceding 24 month period, the commodity being transported, and evidence of deviation of routes to avoid inspection. If the operator's vehicle has to travel over 15 miles from its normal route to an inspection station, or if the weather conditions or road closures prevent travel to the usual inspection point, the inspection certificate is not required. These violations are separate of any other provisions of this code and shall not prevent separate proceedings for other offenses. Further, these violations may be brought by the director or a county district attorney with the penalties going to the agency that brings the enforcement action forward. The director, by regulation or by executive order, is allowed to determine exceptions for certain commodities, areas, patterns of traffic near inspection areas, and availability of inspection stations. Persons holding valid permits to transport cattle are exempt from these requirements. FISCAL EFFECT : This bill has no fiscal effect according to Legislative Counsel. COMMENTS : According to the Center for Invasive Species Research AB 219 Page 2 (CISR) at U.C, Riverside: "California agricultural losses to exotic pests exceed $3 billion annually." They say that every 60 days, California gains a new and potentially damaging invasive species. Our state's unique climate and geography provides the diverse ecosystems which are perfect for new pests. "CISR's researchers lead the way to determine how pests enter California, where invading populations came from and why these pests are successful in establishing California as their home." There are over 45 different invasive species of pests currently being studied by the CISR. These pests are not only problems for agricultural interest but are also a concern to the state's environment, causing millions of dollars in damage. Invasive plants, pests and exotic diseases affect all of California. The inspection stations are the first line of defense in preventing the introduction of an exotic or invasive pest, plant or disease. The clich? that 'an ounce of prevention is worth a pound of cure' is applicable. Inspection stations are that ounce of prevention. Additionally, there are other avenues into California, including sea ports, airports, postal and carrier receiving sites, that also should be inspected. It is estimated that the total cost needed for all inspections would approach $100 million annually. Unfortunately, due to California's fiscal situation, that has not been possible. The committee may wish to consider if a commodity hauler's route misses an inspection station by 15 miles, should they attempt to seek an inspection in another manner, such as the county Agricultural commissioner or should they drive up to 30 or 60 miles off route to reach an inspection station? The distance of 15 miles seems antiquated and minimal based upon the potential economic and environmental harm to the state if an invasive or exotic pest, plan or disease were to be introduced. Due to fiscal constraints of the state, of these 16 boarder stations, seven were reduced to part-time in the late 1990's and all private vehicle inspections were discontinued at all stations in July 2002. Since October 2008, all stations have resumed 24 hour, seven days a week operations and private vehicle inspection, except for the Friday furloughs established by the Governor. Any reduction in inspections have a direct increase in exposure to California for the introduction of invasive/exotic pests, plants or diseases that can harm the environment, lakes, rivers AB 219 Page 3 and bays, forests, agriculture and population. REGISTERED SUPPORT / OPPOSITION : Support California Citrus Mutual California Association of Nurseries and Garden Centers Opposition None on file Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084