BILL NUMBER: AB 2765 CHAPTERED
BILL TEXT
CHAPTER 574
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2008
APPROVED BY GOVERNOR SEPTEMBER 29, 2008
PASSED THE SENATE AUGUST 22, 2008
PASSED THE ASSEMBLY AUGUST 28, 2008
AMENDED IN SENATE AUGUST 20, 2008
AMENDED IN SENATE AUGUST 4, 2008
AMENDED IN SENATE JUNE 26, 2008
AMENDED IN ASSEMBLY APRIL 22, 2008
INTRODUCED BY Assembly Member Huffman
FEBRUARY 22, 2008
An act to amend Sections 5771 and 5776 of, and to add Section
2276.5 to, the Food and Agricultural Code, relating to pests.
LEGISLATIVE COUNSEL'S DIGEST
AB 2765, Huffman. Pest eradication: aerial use of pesticide:
public hearing: notice.
Existing law establishes the position of county agricultural
commissioner, and prescribes duties and powers of that position.
The bill would state the intent of the Legislature in regard to
the role of county agricultural commissioners in pest suppression.
Existing law authorizes the Secretary of Food and Agriculture, by
regulation, to proclaim any area within the state an eradication area
with respect to a pest, prescribe the boundaries of the area, and
name the pest or hosts of the pest that are known to exist within the
area, together with the means or methods that are to be used to
eradicate or control the pest. The secretary or county agricultural
commissioner, when the secretary proclaims an eradication project in
an urban area, is required to notify residents and physicians
practicing in the area, and the local broadcast and print media,
before aerially applying a pesticide to effect the eradication.
This bill would additionally require the secretary or
commissioner, when an eradication plan includes potential aerial
application of a pesticide in an urban area, before the aerial
application of a pesticide, to conduct at least one public hearing,
as provided, in order to consider all alternatives to aerial
application of a pesticide. The bill would also require the secretary
or commissioner to seek an evaluation of human health risks and
environmental risks jointly prepared by the Department of Pesticide
Regulation and the Office of Environmental Health Hazard Assessment,
including findings and recommendations regarding environmental and
human risks of the proposed use of a pesticide by aerial application.
Existing law requires the notice to the residents, physicians, and
media to contain specified information, including the date and
approximate time of all proposed pesticide applications in the
eradication area and the type of pesticide to be applied.
This bill would instead require the likely date or dates and
approximate time or times of all proposed pesticide applications in
the eradication area and the pesticides to be applied. The bill would
also require the notice to include specified information regarding
each active ingredient and inert material in the pesticide, as
provided.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 2276.5 is added to the Food and Agricultural
Code, to read:
2276.5. (a) The Legislature finds and declares that, acting under
policy direction of the Secretary of Food and Agriculture,
California's unique system of county agricultural commissioners forms
the front line of defense in protecting the state from the many
exotic and invasive species threatening our people, commerce, and
environment.
(b) It is the intent of the Legislature that agricultural
commissioners take an increasingly assertive and proactive role in
the exclusion and detection of exotic and invasive species in the
urban environment, particularly those potentially spread by human
activities, such as landscaping and yard maintenance.
SEC. 2. Section 5771 of the Food and Agricultural Code is amended
to read:
5771. When the secretary proclaims an eradication project in an
urban area pursuant to Article 4 (commencing with Section 5761),
where the eradication plan includes potential aerial application of a
pesticide, the secretary or the commissioner, pursuant to this
article, shall do all of the following before aerially applying a
pesticide to effect the eradication:
(a) Conduct at least one public hearing, to include a presentation
by the department and the opportunity for public comment, in the
area to consider all alternatives to aerial application of a
pesticide.
(b) Seek an evaluation of human health risks and environmental
risks jointly prepared by the Department of Pesticide Regulation and
the Office of Environmental Health Hazard Assessment, including
findings and recommendations regarding environmental and human risks
of the proposed use of a pesticide by aerial application.
(c) Notify residents and physicians practicing in the area, and
the local broadcast and print media.
SEC. 3. Section 5776 of the Food and Agricultural Code is amended
to read:
5776. The notice distributed pursuant to this article shall
contain all of the following:
(a) The likely date or dates and approximate time or times of all
proposed pesticide applications in the eradication area.
(b) The pesticides to be applied.
(c) Any health and safety precautions that should be taken.
(d) A telephone number and address of public health personnel who
are familiar with the eradication program.
(e) The active ingredients and inert materials of the pesticide,
to the extent that the department is permitted by state and federal
law to disclose them.