BILL ANALYSIS
AB 1069
Page 1
GOVERNOR'S VETO
AB 1069 (Monning)
As Amended May 4, 2009
2/3 vote
AGRICULTURE 5-3 APPROPRIATIONS 12-4
-----------------------------------------------------------------
|Ayes:|Galgiani, Ma, Mendoza, |Ayes:|De Leon, Ammiano, Charles |
| |Yamada, Bonnie Lowenthal | |Calderon, Davis, |
| | | |Krekorian, Hall, John A. |
| | | |Perez, Price, Skinner, |
| | | |Solorio, Audra |
| | | |Strickland, Torlakson |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Tom Berryhill, Conway, |Nays:|Nielsen, Duvall, Harkey, |
| |Fuller | |Miller |
| | | | |
-----------------------------------------------------------------
-----------------------------------------------------------------
|ASSEMBLY: |53-27|(May 28, 2009) |SENATE: |27-13|(September 4, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: AGRI.
SUMMARY : Requires telephone hotlines, used for reporting adverse
health affects due to aerial pest eradication applications, to be
toll free, staffed by knowledgeable public health personnel and all
health complaints to be entered into a data base. Specifically,
this bill :
1)Requires telephone hotlines to be toll free for reporting adverse
health impacts due to aerial invasive pest eradication
applications. Requires these phones to be staffed by public
health personnel that are familiar with the pesticide being
applied.
AB 1069
Page 2
2)Requires public health personnel taking these calls, to enter all
caller complaints of adverse health consequences into a database,
encourage physician consultation and offer to provide a claim
report in accordance with the reporting of alleged loss,
nonperformance or damage as a result of the use of a pesticide
within 30 days of the occurrence to the county agricultural
commissioner.
3)States that a public notice is required to state the purpose of
the toll free hotline.
4)Makes conforming changes.
EXISTING LAW establishes that the California Department of Food and
Agriculture (CDFA), upon determining that an invasive species has
entered the state and urban aerial applications or community wide
ground applications of pesticide is the selected response, are
required to do the following:
1)Notify governing boards of affected cities and counties, their
agricultural commissioners and health officers;
2)Notify the public of all of the following:
a) The existence of the invasive pest;
b) The consequences of not eradicating, controlling or managing
the pests;
c) The active ingredient and inert materials of the pesticide,
to the extent the disclosure of inert material is permitted by
state and federal law;
d) The method or methods of applying the pesticide; and,
e) The implications of the use of the pesticide and the inert
materials on human health, domestic animals, fish, wildlife and
the environment.
3)Hold public hearings in areas subject to these applications.
AB 1069
Page 3
4)Establish a telephone hotline for the public to report adverse
health consequences and a process to evaluate and respond to
adverse health consequences.
Statutes require the public notice to contain the following:
1)The likely date or dates of, and the approximate time or times of,
all proposed pesticide applications in the eradication area;
2)The pesticides to be applied;
3)Any health and safety precautions that should be taken;
4)A telephone number and the address of public health personnel who
are familiar with the eradication program; and,
5)Disclosure of the active ingredients and inert materials of the
pesticide, to the extent permitted by state and federal law.
FISCAL EFFECT : According to the Senate Committee on Appropriations,
all costs have been federally funded. This bill would have
negligible General Fund costs.
COMMENTS : The author believes that more clarity is needed to AB
2763 (Laird), Chapter 573, Statutes of 2008, regarding the hotline
when pest eradication efforts are undertaken. AB 1069 does this by
further specifying the requirement of the hotline operators and
their duties.
The current practices of CDFA under an eradication program is to
provide a toll free number, which is typically contracted with the
California Poison Control System (CPCS), due to CPCS's staff already
being medical professionals, having been trained in telephone
response to health concerns and evaluations, and in making
recommendations based upon that evaluation for callers to take
certain actions, including referral to physicians. CDFA, in
conjunction with other state departments, provides CPCS staff with
training in the pesticide product to be used, the potential health
effects of that product and other relevant information needed to
properly evaluate the concerns of the caller. CPCS logs all calls
AB 1069
Page 4
into a data system and does follow-up with certain callers, doctors,
and when there was a hospital admission.
GOVERNOR'S VETO MESSAGE :
"This bill is not necessary and is duplicative of coordinated
efforts already performed by the California Department of Food and
Agriculture, Office of Environmental Health Hazard Assessment,
California Poison Control System, and the Department of Pesticide
Regulation."
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
FN: 0003267