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
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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
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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