Amended in Assembly April 3, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 2657


Introduced by Assembly Member Bloom

February 21, 2014


An act to add Sectionbegin delete 12016.5end deletebegin insert 12978.7end insert to thebegin delete Fishend deletebegin insert Foodend insert andbegin delete Gameend deletebegin insert Agriculturalend insert Code, relating to fish and wildlife protection.

LEGISLATIVE COUNSEL’S DIGEST

AB 2657, as amended, Bloom. begin deleteEnvironmentally sensitive end deletebegin insertWildlife habitat end insertareas: use of anticoagulants.

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Existing law requires the Director of Pesticide Regulation to, by regulation, designate and establish a list of restricted materials based upon, among other criteria, hazards related to persistent residues in the soil resulting ultimately in contamination of the air, waterways, estuaries, or lakes, with consequent damage to fish, wild birds, and other wildlife. Existing law requires the director to control and otherwise regulate the use of restricted materials, as specified. Existing law requires the Fish and Game Commission and the Department of Fish and Wildlife to protect and conserve the fish and wildlife resources of the state by establishing ecological reserves and by conserving, protecting, restoring, and enhancing any endangered species or any threatened species and its habitat.

end delete
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Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of any pesticide, as prescribed. Existing law requires the use of any pesticide by any person to be in such a manner as to prevent substantial drift to nontarget areas. Existing law requires public property where public exposure is foreseeable to be posted with warning signs prior to pesticide applications, as specified. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. A violation of the provisions specified above is a misdemeanor.

end insert

This bill would prohibit the use of anybegin delete poison, substance, or product, other than its use as a prescription drug under the direction of a licensed physician and surgeon,end deletebegin insert pesticideend insert that contains one or more of specified anticoagulants, including brodifacoum and bromadiolone, inbegin delete environmentally sensitiveend deletebegin insert wildlife habitatend insert areasbegin insert, as definedend insert.

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Because

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begin insertTo the extent the bill would impose additional duties on county agricultural commissioners, and becauseend insert a violation of this provision would be abegin delete misdemeanor, the bill would create new crimes, thereby a imposingend deletebegin insert crime, this bill would impose aend insert state-mandated local program.

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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.

end delete
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This bill would provide that no reimbursement is required by this act for a specified reason.

end delete
begin insert

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.

end insert
begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert
begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 12978.7 is added to the end insertbegin insertFood and
2Agricultural Code
end insert
begin insert, to read:end insert

begin insert
3

begin insert12978.7.end insert  

(a) The use of any pesticide that contains one or
4more of the following anticoagulants is prohibited in a wildlife
5habitat area:

P3    1(1) Brodifacoum.

2(2) Bromadiolone.

3(3) Difenacoum.

4(4) Difethialone.

5(b) As used in subdivision (a), a “wildlife habitat area” means
6any state or national park, state or federal wildlife refuge, state
7conservancy, area designated as critical habitat for a species listed
8as threatened or endangered under the California Endangered
9Species Act (Chapter 1.5 (commencing with Section 2050) of
10Division 3 of the Fish and Game Code) or the federal Endangered
11Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), and lands that
12have been designated as habitat for mitigation purposes or are
13otherwise protected by a conservation easement.

end insert
14begin insert

begin insertSEC. 2.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
15Section 6 of Article XIII B of the California Constitution for certain
16costs that may be incurred by a local agency or school district
17because, in that regard, this act creates a new crime or infraction,
18eliminates a crime or infraction, or changes the penalty for a crime
19or infraction, within the meaning of Section 17556 of the
20Government Code, or changes the definition of a crime within the
21meaning of Section 6 of Article XIII B of the California
22Constitution.

end insert
begin insert

23However, if the Commission on State Mandates determines that
24this act contains other costs mandated by the state, reimbursement
25to local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.

end insert
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28

SECTION 1.  

Section 12016.5 is added to the Fish and Game
29Code
, to read:

30

12016.5.  

(a) The use of any poison, substance, or product,
31other than its use as a prescription drug under the direction of a
32licensed physician and surgeon, that contains one or more of the
33following anticoagulants is prohibited in an environmentally
34sensitive area.

35(1) Brodifacoum.

36(2) Bromadiolone.

37(3) Difenacoum.

38(4) Difethialone.

39(b) As used in subdivision (a), an “environmentally sensitive
40area” has the same meaning as defined in Section 30107.5 of the
P4    1Public Resources Code, and includes, but is not limited to, any
2wetlands, animal sanctuary, conservancy, state or national park,
3and any area or habitat that is protected for any endangered or
4threatened species, including animals, birds, fish, and insects.

5

SEC. 2.  

No reimbursement is required by this act pursuant to
6Section 6 of Article XIII B of the California Constitution because
7the only costs that may be incurred by a local agency or school
8district will be incurred because this act creates a new crime or
9infraction, eliminates a crime or infraction, or changes the penalty
10for a crime or infraction, within the meaning of Section 17556 of
11the Government Code, or changes the definition of a crime within
12the meaning of Section 6 of Article XIII B of the California
13Constitution.

end delete


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