BILL ANALYSIS
SB 140
Page 1
SENATE THIRD READING
SB 140 (Corbett)
As Amended September 3, 2009
2/3 vote. Urgency
SENATE VOTE :29-5
AGRICULTURE 7-0 APPROPRIATIONS 16-0
------------------------------------------------------------------
|Ayes:|Galgiani, Tom Berryhill, |Ayes:|De Leon, Conway, Ammiano, |
| |Conway | |Charles Calderon, Coto, |
| |Fuller, Ma, Mendoza, | |Davis, Fuentes, Hall, |
| |Yamada | |Harkey, Nielsen, |
| | | |John A. Perez, Skinner, |
| | | |Solorio, |
| | | |Audra Strickland, |
| | | |Torlakson, Hill |
|-----+--------------------------+-----+---------------------------|
| | | | |
------------------------------------------------------------------
SUMMARY : Requires the California Department of Food and
Agriculture (CDFA) to develop and establish the Citrus Nursery
Stock Cleanliness program (program) to protect citrus nursery
source propagative trees from harmful pests and diseases.
Contains an urgency clause, allowing this bill to take effect
immediately upon enactment. Specifically, this bill :
1)Requires CDFA to consider input from interested parties on the
cost, need and practicability when developing the program.
2)Establishes inspection and testing standards for the program.
3)Provides that new diseases or pests that are a threat to the
citrus industry be included in the program within 45 days of
developing valid and reliable diagnostic practices, and the
practices have been proven effective in protecting citrus
plants.
4)Specifies criteria for CDFA to authorize other entities to
test and examine diseases and pests covered by the program.
5)Requires CDFA to establish rates or fees to pay for the
administration of the program.
SB 140
Page 2
6)Requires no General Funds shall be used to pay for the
program.
7)Contains an urgency clause, allowing this bill to take effect
immediately upon enactment.
EXISTING LAW authorizes the Secretary (Secretary) of CDFA to
promulgate regulations to provide for periodic nursery
inspections and prescribe standards of cleanliness for nursery
stock that is produced or sold within the state. (Food and
Agricultural Code Section (FAC) 6901) The standards of
cleanliness may provide, among other things, that all nursery
stock shall be kept free from pests of limited distribution or
pests which are not known to be established in the state. The
Secretary may prescribe methods of treatment for control of
pests, require isolation of infested or infected nursery stock,
and make other provisions as are reasonably necessary to ensure
the relative freedom from pests of all nursery stock which is
produced or sold within the state. (FAC 6902) CDFA licenses
nurseries in the state. Licensed nurseries must pay a fee of
not less than $180 for administering nursery regulations and
nursery stock grades and standards. (FAC 6723) Failure to
comply with a lawful order by the Secretary is a misdemeanor and
punishable by a fine of not less than $100 nor more than $1,000,
or by imprisonment in the county jail for not more than six
months, or by both fine and imprisonment. (FAC 53541)
FISCAL EFFECT : According to the Assembly Committee on
Appropriations, this program may have on-going annual costs of
$350,000 if the program covers the same diseases as the current
voluntary program. Costs may rise if additional diseases are
added to the program. The cost may be fully or partially offset
by fees charged to growers.
COMMENTS : In September and October 2008, CDFA placed a
quarantine on southern San Diego County and southern Imperial
County for the Asian citrus psyllid, a known carrier of
Huanglongbing (HLB). CDFA noted that HLB has not been detected
in California. To date, there are no known controls for HLB
other than removing and destroying infected groves. Currently,
California has a voluntary program to test and certify that
citrus be free of pests and diseases. This voluntary program
does not recognize the establishment of new pests or diseases,
such as HLB.
SB 140
Page 3
According to the author and supporters, a source propagative
tree is a top stock tree or "mother tree" from which new nursery
stock is grown. By ensuring that source propagative trees are
free of pests and diseases, there is a greater ability to limit
the spread of harmful pests and diseases.
Recent amendments clarify the definition of citrus nursery
source propagative trees and, narrow the scope of CDFA's
regulatory authority to program eligibility requirements and
program testing protocols.
Analysis Prepared by : Victor Francovich / AGRI. / (916)
319-2084
FN: 0002823