BILL ANALYSIS
SB 556
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Date of Hearing: June 27, 2007
ASSEMBLY COMMITTEE ON AGRICULTURE
Nicole Parra, Chair
SB 556 (Wiggins) - As Amended: June 21, 2007
SENATE VOTE : 35-1
SUBJECT : Light Brown Apple Moth Act.
SUMMARY : Establishes the Light Brown Apple Moth (LBAM) Act;
provides legislative findings; creates a new account; requires
appropriate support staffing and logistical support to eradicate
LBAM; requires annual legislative reports; and, contains an
urgency clause. Specifically, this bill :
1)States that LBAM creates an environmental and agricultural
danger as the insect feeds on over 250 species of native and
ornamental plants, fruits and vegetables. States that if LBAM
becomes permanently established it would be an imminent threat
for adverse effect and ultimate extinction to some sensitive
species.
2)States that to avoid potential catastrophic loss to some of
California's most important industries and native plants,
declares this legislation to be in the interest of the public
health and welfare. Provides a disclaimer to establishing a
precedent or to impact any government expenditures related to
plant pest eradication and control.
3)Creates within the California Department of Food and
Agriculture (CDFA) the LBAM Program, and requires the
Secretary of CDFA to provide appropriate level of support
staffing and logistical support for eradication of the LBAM.
4)Creates the LBAM Account within the CDFA Fund and requires
funds be made available for federal government or other
sources and shall be available for expenditure without regard
to fiscal year for the purpose of eradicating the LBAM.
5)Designates that the first 36 months of operating the LBAM
Program as an emergency response for the benefit of the
environment as determined by the California Environmental
Quality Act (CEQA), and requires CDFA to complete the required
review during that time.
SB 556
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6)Requires CDFA to report to the Legislature annually, beginning
January 10, 2008, regarding its expenditures, progress and
ongoing priorities in combating LBAM, until this section
becomes inoperative. This becomes inoperative March 1, 2018,
and is repealed January 1, 2019.
EXISTING LAW authorizes CDFA to create quarantine areas and
develop eradication programs to combat plant diseases and pests
(Food and Agricultural Division 4, commencing with 5001).
Requires an environmental assessment on any activity that could
have an adverse impact on native plants or animals (Public
Resources Code Division 13, commencing with 21000).
FISCAL EFFECT : According to the Senate Appropriations
Committee, this bill has no additional significant state costs,
does not require additional appropriation of state funds, and
will not cause significant reduction in revenues.
COMMENTS : Exotic pests and diseases are always a problem to the
environment and potentially to agriculture, creating
environmental and financial havoc. California has battled
exotic pests and diseases with an increasing frequency, believed
due in part to the increased global travel and diverse
populations within California. CDFA, using their staff along
with county agricultural commissioner staff, inspect products
and shipments coming into California, but due to the volume of
shipments and limited financial resources, not all products and
shipments are inspected.
State quarantine programs are coordinated with the U.S.
Department of Agriculture. When LBAM was discovered in the Bay
area in March 2007, it became the newest pest to make its way
into our state. Due to this discovery and quarantine, both
Canada and Mexico have now prohibited certain shipments of
flowers, fruits and other products within the quarantine zones
and required inspections and phytosanitary certifications on a
variety of products from non-quarantine areas. LBAM has already
caused significant economic harm to those producers within the
quarantine areas as well as added costs to all California
producers of those potential LBAM host commodities, of which
there are estimated over 250 commodities, including vegetables,
fruit, flowers and various ornamental plants.
Several years ago we had another new pest called the Glassy
SB 556
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Winged Sharpshooter that has the potential to devastate the
grape and wine industry. SB 556 is modeled after legislation
that became law to assist in dealing with the pests.
The committee may wish to consider the following amendments:
1) Page 3, line 27, insert after the word "Fund", the
words "designated for Light Brown Apple Moth Program".
2) Page 3, line 31, strike "36" and insert "24".
3) Page 4, line 10, strike "Commodities" and insert
"species of native and ornamental plants, fruits, and
vegetables".
REGISTERED SUPPORT / OPPOSITION :
Support
American Federal State, County, and Municipal Employees, AFL-CIO
California Association of Pest Control Advisors
California Association of Winegrape Growers
Family Winemakers of California
Wine Institute
Opposition
None received
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084