BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 219
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          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
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          (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
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          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