BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 625
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          Date of Hearing:   June 27, 2012

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 625 (Hernandez) - As Amended:  May 30, 2012 

          Policy Committee:                              AgricultureVote:9 
          - 0 

          Urgency:     No                   State Mandated Local Program: 
          No     Reimbursable:              

           SUMMARY  

          This bill requires the Secretary of the California Department of 
          Food and Agriculture (CDFA) to prescribe cleanliness standards 
          for nursery stock in California and allows the Secretary to 
          develop an audit-based certification system (ABCS) for nursery 
          stock shipments.  Specifically, this bill:  

          1)Allows the Secretary of CDFA to develop and implement an ABCS.

          2)Requires an ABCS to address the control and management of 
            plant pests, and lessen the risk of movement of plant pests in 
            nursery shipments. 

          3)Requires an ABCS be a risk based system using current 
            scientific and industry data, and includes best management 
            practices.

          4)Reduces the refund amount from 50% to 25% to those applicants 
            who later decide they will not engage in the sale of nursery 
            stock.

           FISCAL EFFECT  

          1)Should CDFA decide to develop an ABCS, it would require 
            $255,000 to develop the program and promulgate regulations.  
            It is unclear from the legislation exactly what the ABCS would 
            entail; depending on the scope it could cost up to $5 million 
            per year for counties to conduct the auditing and inspection 
            activities associated with the ABCS and for state oversight. 

            Existing licensing fees in the nursery program are 








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            insufficient to cover the costs associated with the ABCS. 
            Funding would likely need to be redirected from the GF or the 
            Department of Food and Agriculture Fund. 

          2)The required changes to the nursery stock cleanliness 
            standards could cost in excess of $150,000 to implement. Those 
            costs would be one-time Department of Food and Agriculture 
            Fund costs.

          3)The change in the maximum refund amount from 50% to 25% of the 
            minimum license fee would have little fiscal impact. In 2010, 
            one refund in the amount of $75 was made under section 6278 of 
            the Food and Ag Code.  This was 50% percent of the license 
            fee.  In 2011, no refunds were made.

           COMMENTS  

           1)Purpose  . Individuals in California who sell plants for 
            planting, propagation, or ornamental purposes, such as cut 
            flowers and greens, must pay an annual license fee.  The 
            revenue generated from the license fee supports the nursery 
            inspection program, a program that ensures nursery stock meets 
            prescribed standards for pest cleanliness.

            According to the author, most plant pest quarantines impact 
            the nursery industry and restrict the movement of products, 
            which creates significant economic harm.  Currently, nurseries 
            are required to incorporate pest management practices on a 
            pest-by-pest basis, which results in significant costs and 
            duplication of effort.  The author states an ABCS approach, as 
            proposed in this bill, would allow nurseries that incorporate 
            current pest management practices to avoid some of the 
            distressing results of quarantines placed on nurseries when 
            new pests are found in the state.  

           2)Audit-Based Certification System (ABCS)  . An ABCS is designed 
            to allow nurseries to follow certain past management practices 
            and self-certify that their nursery stock is free of pests and 
            invasive species.  The certified nurseries provide records and 
            submit to inspections and audits. 



           Analysis Prepared by  :    Julie Salley-Gray / APPR. / (916) 
          319-2081 








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