BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 219|
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                                 THIRD READING


          Bill No:  AB 219
          Author:   Ruskin (D)
          Amended:  8/2/10 in Senate
          Vote:     21

           
           SENATE AGRICULTURE COMMITTEE  :  4-0, 7/7/09
          AYES:  Florez, Maldonado, Hancock, Hollingsworth
          NO VOTE RECORDED:  Pavley

           ASSEMBLY FLOOR  :  74-0, 4/2/09 - See last page for vote


           SUBJECT  :    Pest control:  plant quarantine inspection  
          stations

           SOURCE  :     California Citrus Mutual
                      California Association of Nurseries and Garden  
          Centers


           DIGEST  :    This bill 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.

           Senate Floor Amendments  of 8/2/10 add language that enable  
          persons serving in any government elected or appointed  
          capacity to also serve on the State Food and Agriculture  
          Board.  Specifically the amendments require the State Board  
          of Food and Agriculture industry members excuse themselves  
                                                           CONTINUED





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          from board decisions which they are connected as director,  
          officer, employee, or have a financial interest in the  
          decision.

           ANALYSIS  :    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.  

           Comments
           
          According to the Center for Invasive Species Research  
          (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 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  







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          annually.  Unfortunately, due to California's fiscal  
          situation, that has not been possible.

          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.

          Recent amendments address issues raised by the Governor's  
          legal office which would preclude persons already serving  
          on a government board or commission from also serving on  
          the State Board of Food and Agriculture, which would  
          prevent a number of agriculture industry leaders from  
          serving at the state level.  The language in this bill is  
          similar to language used for the State Water Board.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  No    
          Local:  No

           SUPPORT  :   (Verified  8/4/10)

          California Citrus Mutual (co-source)
          California Association of Nurseries and Garden Centers  
          (co-source)
          Regional Council of Rural Counties


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Ammiano, Anderson, Arambula, Beall, Bill  
            Berryhill, Tom Berryhill, Blakeslee, Block, Blumenfield,  
            Brownley, Buchanan, Caballero, Charles Calderon, Carter,  
            Chesbro, Conway, Cook, Coto, De La Torre, De Leon,  
            DeVore, Duvall, Emmerson, Eng, Evans, Feuer, Fletcher,  
            Fong, Fuentes, Fuller, Furutani, Gaines, Galgiani,  
            Garrick, Gilmore, Hagman, Hayashi, Hernandez, Hill,  







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            Huber, Huffman, Jeffries, Jones, Knight, Krekorian,  
            Logue, Bonnie Lowenthal, Mendoza, Miller, Monning, Nava,  
            Nestande, Niello, Nielsen, John A. Perez, V. Manuel  
            Perez, Portantino, Price, Ruskin, Salas, Saldana, Silva,  
            Skinner, Smyth, Solorio, Audra Strickland, Swanson,  
            Torlakson, Torres, Torrico, Villines, Yamada, Bass
          NO VOTE RECORDED:  Davis, Hall, Harkey, Lieu, Ma, Tran


          TSM:do  8/4/10  Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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