BILL NUMBER: AB 2763	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Laird

                        FEBRUARY 22, 2008

   An act to add Chapter 4.5 (commencing with Section 5260) to Part 1
of Division 4 of the Food and Agricultural Code, relating to pests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2763, as introduced, Laird. Invasive pests: advance planning:
assessments.
   Existing law generally provides for the eradication of pests that
threaten this state's agriculture.
   This bill would require the Department of Food and Agriculture to
develop and maintain a list of invasive animals, plants, and insects
that have a reasonable likelihood of entering the state for which an
eradication or control action by the state might be appropriate. The
department would be required to develop and maintain a written
assessment for each animal, plant, or insect on the list of the most
appropriate options for eradication or control, and to include
specified information in the assessment if the use of pesticides
would be among the appropriate responses. Certain state agencies
would be required to participate in the preparation of the assessment
and the department would be required to hold public hearings. The
bill would require the department to notify the Governor, the
governing boards of affected cities and counties, and county
agricultural commissioners if an animal, plant, or insect on the list
has entered the state, and, if the use of a pesticide is the
preferred eradication and control response, to advise the Governor
and provide the Governor with a copy of the assessment. The
department would also be required to, among other things, notify
certain local governmental entities and officers, notify the public
of specified health information, hold public hearings, and establish
a telephone hotline, if the department determines that an invasive
animal, plant, or insect has entered the state, the state has
declared an emergency, and the use of a pesticide is the selected
response.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 4.5 (commencing with Section 5260) is added to
Part 1 of Division 4 of the Food and Agricultural Code, to read:
      CHAPTER 4.5.  INVASIVE PEST PLANNING


   5260.  The Legislature hereby finds and declares both of the
following:
   (a) Global travel, global trade, and climate change are
introducing nonnative animals, plants, and insects to California.
   (b) The State of California should undertake advance planning on
whether and how to address those nonnative animals, plants, and
insects that are a threat to the state's public health, environment,
or economy.
   5261.  The department shall develop and maintain a list of
invasive animals, plants, and insects that have a reasonable
likelihood of entering California for which an eradication or control
action by the state might be appropriate. In developing the list,
the department shall consider any invasive animal, plant, or insect
identified by the federal government for which an emergency
eradication or control action might be undertaken by the federal
government if the state did not act.
   5262.  (a) For each animal, plant, or insect on the list developed
pursuant to Section 5261, the department shall develop and maintain
a written assessment of the most appropriate options for eradication
or control of the animal, plant, or insect.
   (b) If the department determines that the use of pesticides would
be among the more appropriate responses, the assessment shall contain
a discussion of all of the following:
   (1) The pesticides that would likely be the most appropriate.
   (2) The concentrations of those pesticides.
   (3) How often pesticide use would be necessary.
   (4) The method of application.
   (5) A list of each active ingredient and inert material.
   (6) A summary of up-to-date scientific information on the impacts
of the pesticide and its inert materials on all of the following:
   (A) Healthy children and adults.
   (B) Children and adults with compromised health.
   (C) Domestic animals.
   (D) Fish and wildlife.
   (E) The environment.
   (c) The State Department of Public Health, the Department of Fish
and Game, the Office of Environmental Health Hazard Assessment, and
the Department of Pesticide Regulation shall participate in the
preparation of the assessment. The Office of Environmental Health
Hazard Assessment shall include an analysis of the risks of using the
pesticide and its inert material.
   (d) In developing the assessment, the department shall hold public
hearings and establish a process for submittal of public comment.
Following the public hearing, the department shall reassess the
appropriateness of the response and may revise the response and may
hold additional public hearings.
   (e) The assessment shall include a characterization of the number
of and the nature of the public comments received pursuant to
subdivision (d).
   (f) The department shall make the assessment available to the
public, including making it available on the department's Internet
Web site.
   5263.  If the department determines that an invasive animal,
plant, or insect identified on the list developed pursuant to Section
5261 has entered the state, the department shall notify the
Governor, the governing boards of affected cities and counties, and
county agricultural commissioners.
   5264.  If the department determines that an invasive animal,
plant, or insect has entered the state and the use of a pesticide is
the preferred eradication and control response, the department shall
advise the Governor and provide the Governor with a copy of the
assessment for that animal, plant, or insect. If an assessment has
not been prepared for that animal, plant, or insect, the department,
the State Department of Public Health, the Department of Fish and
Game, the Office of Environmental Health Hazard Assessment, and the
Department of Pesticide Regulation shall advise the Governor of the
lack of an assessment and advise the Governor of the best available
options.
   5265.  If the department determines that an invasive animal,
plant, or insect has entered the state and the state has declared an
emergency with respect to that animal, plant, or insect, and the use
of a pesticide is the selected response, the department shall do all
of the following:
   (a) Notify the governing boards of affected cities and counties
and their agricultural commissioners and health officers.
   (b) Notify the public of all of the following:
   (1) The existence of the invasive animal, plant, or insect.
   (2) The consequences of not eradicating or controlling the
invasive animal, plant, or insect.
   (3) The active and inert pesticides to be used.
   (4) The method or methods of applying the pesticide.
   (5) The implications of the use of the pesticide and the inert
ingredients on human health, domestic animals, fish and wildlife, and
the environment.
   (c) Hold public hearings in the areas affected in advance of any
pesticide application.
   (d) Establish a telephone hotline for the public to report adverse
health consequences and a medical process to evaluate and respond to
adverse health consequences.