BILL NUMBER: AB 2892	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 22, 2008

   An act to add Section 5765 to the Food and Agricultural Code,
relating to pests.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2892, as introduced, Swanson. Pests: eradication: aerial
spraying of pesticide: voter consent.
   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 which are to be used to
eradicate or control the pest. The secretary is required to notify
specified persons and entities before aerially applying a pesticide
to effect the eradication of a pest if the eradication project is in
an urban area.
   This bill would require the secretary, if the secretary determines
that it is necessary to apply a pesticide aerially in a proclaimed
pest eradication area that includes an urban area, to first obtain
the consent of 2/3 of the registered voters of the affected cities
and counties. The bill would require the secretary to consult with
the elections officials of the affected cities and counties
concerning the most appropriate and expedient manner of conducting an
election to obtain the consent. The local elections officials would
be required to proceed with the conduct of the election, thereby
imposing 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.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  Section 5765 is added to the Food and Agricultural
Code, to read:
   5765.  (a) Notwithstanding any other provision of law, if the
secretary determines that it is necessary to apply a pesticide
aerially in a proclaimed pest eradication area that includes an urban
area, the secretary shall first obtain the consent of two-thirds of
the registered voters of the affected cities and counties in order to
be able to conduct the aerial application.
   (b) In order to obtain the consent required by subdivision (a),
the secretary shall consult with the elections officials of the
affected cities and counties concerning the most appropriate and
expedient manner of conducting an election, which may include a mail
ballot election, to obtain that consent and the local elections
officials shall proceed with the conduct of that election.
  SEC. 2.  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.