BILL ANALYSIS �
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: AB 1319 HEARING: 07/02/13
AUTHOR: Eggman FISCAL: Yes
VERSION: 06/26/13 CONSULTANT: Anne Megaro
Agriculture.
SUMMARY :
This bill would eliminate state indemnity compensation for the
slaughter of brucellosis-positive cattle and would provide equal
compensation to owners of reacting (diseased) and non-reacting
(exposed) cattle slaughtered for the purpose of brucellosis
eradication. This bill would also add the secretary of the
California Department of Food and Agriculture (CDFA) to the
Strategic Growth Council.
BACKGROUND AND EXISTING LAW :
Brucellosis is a contagious bacterial disease that threatens
cattle health and wellness. According to the Animal and Plant
Health Inspection Service of the United States Department of
Agriculture (APHIS-USDA), brucellosis is one of the most serious
diseases in that it affects milk production, induces weight
loss, and causes abortion, infertility, and lameness.
Brucellosis is rapidly spread throughout a herd and is a
zoonotic disease, meaning it can be transmitted across species
and infect other livestock (bison, pigs), and even humans. No
cure is known, however a vaccine is available for cattle and
bison to prevent the spread of the disease.
The Cooperative State-Federal Brucellosis Eradication Program
was established in 1934 to eradicate brucellosis from the U.S.
Animals testing positive or those exposed to brucellosis must be
eradicated to prevent further spread of the disease. According
to APHIS-USDA, all 50 states have been officially designated as
Class Free for bovine brucellosis, despite detections in the
Greater Yellowstone Area where the disease is endemic in wild
elk and bison. However, surveillance continues to ensure no
resurgence or reintroduction of the disease in domestic
livestock.
Existing law authorizes CDFA to regulate brucellosis
eradication. CDFA is authorized to establish brucellosis
control areas, limit cattle movement, order tests or
vaccinations, and prevent brucellosis spread by other means
deemed necessary. Any animal tested positive for brucellosis
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must be slaughtered within 30 days. The owner of such an animal
shall receive all proceeds from the sale of the salvage of the
animal, indemnity compensation from the federal government, and
up to $300 from the state if the appraised value of the animal
exceeds the two previously mentioned sources of funds, as
specified.
For any non-reacting animal within a brucellosis control area
that has been determined by the secretary to be sent to
slaughter, the owner shall receive the difference between the
appraised value of the animal and the proceeds of the sale of
the salvage, not to exceed $400 for any grade animal or $500 for
any purebred animal, less the indemnity paid by USDA. The
appraisal shall be conducted by a representative of CDFA or USDA
and the owner or his/her agent. If an agreement of valuation is
not met, the animal shall be appraised by the chief appraiser of
CDFA or his/her representative, and this appraisal shall be
final.
The Strategic Growth Council was created in 2008 as a
cabinet-level committee that is tasked with coordinating the
activities of member state agencies to improve air and water
quality, protect natural resources and agricultural lands,
increase the availability of affordable housing, promote public
health, improve transportation, encourage greater infill and
compact development, revitalize community and urban centers, and
assist state and local entities in the planning of sustainable
communities and meeting AB 32 goals. Current members include
the director of State Planning and Research, the secretary of
the Resources Agency, the secretary for Environmental
Protection, the secretary of Business, Transportation and
Housing, the secretary of California Health and Human Services,
and one member of the public appointed by the governor.
PROPOSED LAW :
This bill:
Eliminates state indemnity compensation to owners of
cattle slaughtered for the purposes of brucellosis
eradication.
Clarifies the use of indemnity funds available from the
United States Department of Agriculture to assist in the
eradication of brucellosis in cattle.
AB 1319 - Page 3
Provides equal indemnity compensation for owners of
reacting and non-reacting cattle that are slaughtered for
purposes of brucellosis eradication.
Adds the secretary of CDFA to the Strategic Growth
Council and makes conforming changes to avoid conflict with
other bills amending this section.
COMMENTS :
Stated need for this bill: According to the author,
"Historically, California had funds to participate in funding
(brucellosis) eradication. In recent years of budget shortfalls
and significant reductions to the state's General Fund and the
California Department of Food and Agriculture's budget, these
funds have been lost. Due to these facts, the statute needs to
be changed to reflect non-state participation in indemnity
program funding."
According to those in support, "This bill will create a
framework for providing compensation for owners whose animals
were depopulated even though they were not infected.
Depopulating herds if one or more animals are determined to be
infected significantly decreases the spread of the disease.
This bill provides that an owner of the non-infected animal
receive the same compensation as the affected animal."
Furthermore, according to the author, the secretary of CDFA
should be included as a member of the Strategic Growth Council
to "ensure communities have access to local and regional food
sources."
In a letter from the California State Board of Food and
Agriculture to the governor dated August 10, 2012, the Board
presented findings related to a recent board meeting concerning
agricultural land preservation and conservation. As part of its
findings, the Board recommended that CDFA be added as a member
of the California Strategic Growth Council, given that "CDFA can
be a strong contributor to this committee with its expertise and
oversight on farming, direct marketing, and protection of
agricultural and public lands from invasive species."
California's Health in All Policies Task Force (Task Force) was
established by Executive Order S-04-10 in February 2010 to
advance multiple goals in order to support a healthier and more
sustainable California. Created under the auspices of the
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Strategic Growth Council, the Task Force developed a
broad-ranging set of recommendations geared toward improving the
efficiency, cost-effectiveness, and collaborative nature of
state government, while advancing the Strategic Growth Council's
goals. The Department of Food and Agriculture along with 18
additional state agencies, departments, and offices participated
on the Task Force.
RELATED LEGISLATION :
AB 2605 (Bordonaro/McPherson), Chapter 653, Statutes of 1996.
Conforms existing law to federal law for the permanent marking
of animals infected or exposed to brucellosis, among other
provisions.
SB 732 (Steinberg), Chapter 729, Statutes of 2008. Establishes
the Strategic Growth Council to coordinate programs of member
state agencies.
PRIOR ACTIONS :
Assembly Floor 74-0
Assembly Appropriations 17-0
Assembly Agriculture 7-0
SUPPORT :
California Grain and Feed Association
OPPOSITION :
None received