AB 2657, as amended, Bloom. Wildlife habitat areas: use of anticoagulants.
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 ofbegin delete theend deletebegin insert theseend insert provisionsbegin delete specified aboveend delete
is a misdemeanor.
This bill would prohibitbegin insert, except as specified,end insert the use of any pesticide that contains one or more of specified anticoagulants, including brodifacoum and bromadiolone, in wildlife habitat areas, as defined.
To the extent the bill would impose additional duties on county agricultural commissioners, and because a violation of this provision would be a crime, this bill would impose 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 12978.7 is added to the Food and
2Agricultural Code, to read:
(a) begin deleteThe end deletebegin insertExcept as provided in subdivision (c), the end insert
4use of any pesticide that contains one or more of the following
5anticoagulants is prohibited in a wildlife habitat area:
6(1) Brodifacoum.
7(2) Bromadiolone.
8(3) Difenacoum.
9(4) Difethialone.
10(b) As
used in subdivision (a), a “wildlife habitat area” means
11any state or national park, state or federal wildlife refuge,begin delete state begin insert or state
12conservancy, area designated as critical habitat for a species listed
13as threatened or endangered under the California Endangered
14Species Act (Chapter 1.5 (commencing with Section 2050) of
15Division 3 of the Fish and Game Code) or the federal Endangered
16Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), and lands that
17have been designated as habitat for mitigation purposes or are
18otherwise protected by a conservation easementend delete
19conservancyend insert.
20(c) This section does not apply to the use of pesticides for
21agricultural activities, as defined in Section 564.
No reimbursement is required by this act pursuant to
23Section 6 of Article XIII B of the California Constitution for certain
24costs that may be incurred by a local agency or school district
P3 1because, in that regard, this act creates a new crime or infraction,
2eliminates a crime or infraction, or changes the penalty for a crime
3or infraction, within the meaning of Section 17556 of the
4Government Code, or changes the definition of a crime within the
5meaning of Section 6 of Article XIII B of the California
6Constitution.
7However, if the Commission on State Mandates determines that
8this act contains other costs
mandated by the state, reimbursement
9to local agencies and school districts for those costs shall be made
10pursuant to Part 7 (commencing with Section 17500) of Division
114 of Title 2 of the Government Code.
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