BILL NUMBER: AB 2657	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 3, 2014

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to add Section 12978.7 to the Food and Agricultural Code,
relating to fish and wildlife protection.


	LEGISLATIVE COUNSEL'S DIGEST


   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 of  the   these  provisions
 specified above  is a misdemeanor.
   This bill would prohibit  , except as specified,  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 1.  Section 12978.7 is added to the Food and Agricultural
Code, to read:
   12978.7.  (a)  The   Except as provided in
subdivision (c), the  use of any pesticide that contains one or
more of the following anticoagulants is prohibited in a wildlife
habitat area:
   (1) Brodifacoum.
   (2) Bromadiolone.
   (3) Difenacoum.
   (4) Difethialone.
   (b) As used in subdivision (a), a "wildlife habitat area" means
any state or national park, state or federal wildlife refuge,
 state conservancy, area designated as critical habitat for a
species listed as threatened or endangered under the California
Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of
Division 3 of the Fish and Game Code) or the federal Endangered
Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), and lands that
have been designated as habitat for mitigation purposes or are
otherwise protected by a conservation easement   or
state conservancy  . 
   (c) This section does not apply to the use of pesticides for
agricultural activities, as defined in Section 564. 
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.