BILL NUMBER: AB 1454 CHAPTERED 05/14/04 CHAPTER 41 FILED WITH SECRETARY OF STATE MAY 14, 2004 APPROVED BY GOVERNOR MAY 13, 2004 PASSED THE ASSEMBLY MAY 3, 2004 PASSED THE SENATE APRIL 29, 2004 AMENDED IN SENATE APRIL 1, 2004 AMENDED IN SENATE MARCH 11, 2004 AMENDED IN ASSEMBLY JANUARY 22, 2004 AMENDED IN ASSEMBLY JANUARY 6, 2004 INTRODUCED BY Assembly Member Canciamilla FEBRUARY 21, 2003 An act to add and repeal Section 116183 of the Health and Safety Code, relating to the public health, and declaring the urgency thereof, to take effect immediately. LEGISLATIVE COUNSEL'S DIGEST AB 1454, Canciamilla. Vector control. Existing law provides that the State Department of Health Services shall maintain a program of vector biology and control including provision of consultation, assistance, and training to local vector control agencies. Existing law provides that the department may provide necessary and proper assistance to counties, cities, cities and counties, and mosquito abatement, vector control and pest abatement districts. This bill would require state and local agencies, and would encourage federal agencies, responding to an outbreak of West Nile virus or other mosquito-borne diseases with an abatement and surveillance program to contract with a local mosquito and vector control agency that is a party to the cooperative agreement with the department, or to consult directly with the department. By requiring local response agencies to comply with these requirements, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. This bill would declare that it is to take effect immediately as an urgency statute. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 116183 is added to the Health and Safety Code, to read: 116183. (a) The Legislature finds and declares that cooperative agreements between the State Department of Health Services and local vector control districts help to ensure that all state and federal requirements regarding the use of pesticides are met and provide participating agencies with the flexibility to perform their legally mandated role to control mosquito and other public health vectors. (b) To ensure public health and safety, any state or local agency responding to an outbreak of West Nile virus or other mosquito-borne disease with an abatement and surveillance program shall, and any federal agency so responding is encouraged to, contract with a local mosquito and vector control agency that is party to a cooperative agreement with the State Department of Health Services or shall consult directly with the State Department of Health Services to ensure that outbreak response is supervised appropriately and conducted by licensed personnel using sound integrated mosquito management techniques. (c) For the purposes of this section "outbreak" means the occurrence of cases of a disease or illness above the expected or baseline level, usually over a given period of time, in a geographic area or facility, or in a specific population group. The number of cases indicating the presence of an outbreak will vary according to the disease agent, size and type of population exposed, previous exposure to the agent, and the time and place of exposure. (d) This section shall remain in effect only until January 1, 2009, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2009, deletes or extends that date. SEC. 2. This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are: In order to protect the public health and safety from the damaging effects of the West Nile virus and other mosquito-borne diseases, it is necessary that this act take effect immediately. SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund.