BILL ANALYSIS
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|SENATE RULES COMMITTEE | SB 140|
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UNFINISHED BUSINESS
Bill No: SB 140
Author: Corbett (D)
Amended: 9/3/09
Vote: 27 - Urgency
SENATE FOOD AND AGRICULTURE COMMITTEE : 4-1, 4/21/09
AYES: Florez, Maldonado, Hancock, Pavley
NOES: Hollingsworth
SENATE APPROPRIATIONS COMMITTEE : 12-0, 5/11/09
AYES: Kehoe, Cox, Corbett, Denham, DeSaulnier, Hancock,
Leno, Oropeza, Runner, Wolk, Wyland, Yee
NO VOTE RECORDED: Walters
SENATE FLOOR : 29-5, 5/18/09
AYES: Alquist, Ashburn, Benoit, Calderon, Cogdill, Corbett,
Cox, Denham, DeSaulnier, Ducheny, Hancock, Harman, Huff,
Kehoe, Leno, Liu, Lowenthal, Maldonado, Oropeza, Padilla,
Runner, Simitian, Steinberg, Strickland, Wiggins, Wolk,
Wright, Wyland, Yee
NOES: Aanestad, Correa, Dutton, Hollingsworth, Walters
NO VOTE RECORDED: Cedillo, Florez, Negrete McLeod, Pavley,
Romero, Vacancy
ASSEMBLY FLOOR : 74-3, 9/8/09 - See last page for vote
SUBJECT : Citrus Nursery Stock Pest Cleanliness Program
SOURCE : Author
CONTINUED
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DIGEST : This bill requires the Department of Food and
Agriculture to develop and establish the Citrus Nursery
Stock Pest Cleanliness Program to protect citrus nursery
source propagative trees from harmful diseases, pests, and
other risks and threats, as specified.
Assembly Amendments clarified the definition of citrus
nursery source propagative trees and, narrow the scope of
Department of Food and Agriculture's regulatory authority
to program eligibility requirements and program testing
protocols.
ANALYSIS : The Department of Food and Agriculture (DFA)
is responsible for licensing nurseries in California.
Licensed nurseries must pay a fee of no less than $180 for
administering nursery regulations and nursery stock grades
and standards.
Existing law requires DFA to provide for periodic
inspections of nurseries and may prescribe standards of
cleanliness for nursery stock which is produced or sold in
California.
In the 1940s and 1950s, approximately three million citrus
trees on sour orange rootstock were killed by citrus
tristeza virus in Southern California alone. Tristeza
virus is spread through budding and grafting or by aphids
feeding on citrus.
As required by the Citrus Tristeza Virus Interior
Quarantine, any tree from which buds, cuttings, or scions
will be taken must be tested for tristeza before using the
propagative material.
Any tree that is tested and found negative for tristeza is
eligible to be a registered tree. The tree is then issued
a metal tag with a unique identifying number. DFA
maintains an inventory of all citrus trees that have ever
been registered. Every year DFA sends each nursery an
inventory of their registered trees, and they choose which
ones to have tested for tristeza. If a tree tests positive
for tristeza, registration is cancelled. The tree remains
listed in the database but is "hidden" so it never shows up
on the grower's inventory again. A tree can test positive
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for other diseases and remain registered.
Periodically, citrus nurseries will test candidate trees
for psorosis and viroids. Nurseries are given an annual
allotment of 20 percent of their registered trees to test
for these diseases. The 20 percent limitation is due to
limited funding and greenhouse space to house the indicator
trees used in the testing. Theoretically, 100 percent of
all trees in a nursery will then be tested every five
years. However, since growers can move trees in and out of
the program, there's no guarantee that all trees will be
tested every five years.
DFA staff oversees the collection of samples for all the
disease testing, compiles the test results, and reports the
results to the grower and the agricultural commissioner's
office in the respective county.
SB 1466 (Corbett) of 2008 would have required Department of
Food and Agriculture to develop the Citrus Nursery Stock
Pest Cleanliness Program by January 1, 2010. Died in
Assembly Appropriations Committee on Suspense.
This bill:
1.Requires DFA to develop a Citrus Nursery Stock Pest
Cleanliness Program (program) administered by DFA.
2.Applies only to citrus nursery source propagative trees.
Defines a "citrus nursery source propagative tree to
"mean a citrus tree registered by the DFA that meets the
following criteria:
A. Is not planted, grown, or maintained under the
auspices of the California Citrus Clonal Protection
Program.
B. Is planted, grown, or maintained to serve as a
source of material for the propagation of citrus
trees, including seeds, cuttings, buds, budsticks,
tissue-cultured materials, or graft sticks.
C. Was tested in accordance with prescribed testing
protocols of the DFA and determined to be negative
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for specific pathogens.
D. Is in compliance with all provisions of Section
3060.2 of Title 3 of the California Code of
Regulations.
E. Falls within the DFA's prescribed registration
timeframes.
3.Requires DFA to consider outside input on feasibility,
cost, justification, and effectiveness when developing
the program.
4.Requires any person who propagates or produces citrus
nursery stock to comply with lawful orders issued by
DFA.
5.Establishes inspection requirements and testing
standards for the program.
6.Specifies phase-in periods or effective dates for
regulations and requirements of the program.
7.Requires the program to comply with all federal and
state quarantine requirements, and regulations of pest
cleanliness standards.
8.Authorizes DFA to adopt and enforce regulations to
carryout the program.
9.Provides that serious citrus diseases and pathogens for
which there are currently no valid, reliable, or
practical test for determining their absence from citrus
trees shall only be included in the program within 45
days after a valid, reliable and practical test that is
economically feasible is developed.
10.Specifies criteria for DFA to designate third-party
testing for disease and pathogen diagnostic testing and
analysis of the program.
11.Requires DFA to establish rates or prices to cover costs
for administration, testing, inspection, and other
services under the program. Costs shall take into
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consideration DFA cost savings associated with economy
of scale factors and nursery stock licensing fees
currently collected.
12.Declares the intent of the Legislature for a DFA citrus
nursery stock pest cleanliness program.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Citrus Nursery Stock Pest Up to $125 Up to $250 Up
to $250 Special*
Cleanliness Program
*Department of Food and Agriculture Fund
SUPPORT : (Verified 9/8/09)
Brokaw Nursery, LLC
BZ Nursery
California Association of Nurseries and Garden Centers
California Citrus Mutual
California Citrus Nursery Society
Four Winds Growers, Inc
ZCitrus
ARGUMENTS IN SUPPORT : Proponents state that nurseries
are facing severe losses resulting from the establishment
and threat of new, devastating diseases like citrus canker
and Huanglongbing in California. These diseases damage and
kill citrus trees, reduce yields and quality, and increase
costs for planting materials and regulatory compliance.
The current voluntary Citrus Pest Inspection Program does
not offer sufficient protection against the introduction of
new diseases. Citrus nursery stock producers have had a
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goal for years to enhance the program which test their
propagating material for various diseases.
This bill provides improved protection against invasive
pests and diseases by requiring a mandatory citrus nursery
stock pest cleanliness program; it will reduce the number
of pests that threaten to destroy California's citrus
industry. In addition, the bill will give DFA the
authority to add new pests and diseases to the program when
valid and reliable testing has been developed and proven to
be efficient and economically feasible.
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, Duvall,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Galgiani, Garrick, Gilmore, Hagman,
Hall, Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jones, Knight, Krekorian, Lieu, Logue, Bonnie Lowenthal,
Ma, Mendoza, Monning, Nava, Nestande, Niello, Nielsen,
John A. Perez, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Audra
Strickland, Swanson, Torlakson, Torres, Torrico, Tran,
Villines, Yamada, Bass
NOES: Anderson, DeVore, Gaines
NO VOTE RECORDED: Jeffries, Miller, Vacancy
TSM:do 9/9/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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