BILL ANALYSIS AB 219 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 219 (Ruskin) As Amended August 2, 2010 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |74-0 |(April 2, 2009) |SENATE: |36-0 |(August 23, | | | | | | |2010) | ----------------------------------------------------------------- Original Committee Reference: AGRI. SUMMARY : Allows any public officers associated with any area of government, including agriculture, and whether elected or appointed, may be appointed to, and may serve contemporaneously as members of, the State Board of Food and Agriculture (board); prohibits specified members of the board from participating in any board action with which those members are connected with or in which they have a financial interest within the meaning of the Political Reform Act of 1974 (PRA), 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, and makes technical, non-substantive changes. The Senate amendments add provisions that allow public officers to be appointed and serve at the same time on the board, but not participate in any decisions of that board if they are connected with, or have a financial interest within the meaning of the PRA. EXISTING LAW establishes the board, its membership, term of office and responsibilities. Further, it 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. AB 219 Page 2 AS PASSED THE ASSEMBLY , this bill increased 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 made technical, non-substantive changes. FISCAL EFFECT : None COMMENTS : According to the author, recent applicants to the board, that currently serve on the boards of agricultural commissions or marketing orders or special districts, like irrigation districts, have been disqualified because the election to such boards has been deemed incompatible. The Senate amendments add language found in the Water Code pertaining to the State Water Resources Control Board, which allows such individuals to serve on multiple boards as long as a conflict of interest does not exist. The Center for Invasive Species Research (CISR) at the University of California-Riverside states that "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 CISR. These pests not only cause problems for agricultural interests, 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. AB 219 Page 3 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 and bays, forests, agriculture, and population. Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084 FN: 0005552