Amended in Senate April 5, 2016

Senate Bill No. 1246

Introduced by Senator Nguyen

February 18, 2016

An act to add Section 12978.5 to the Food and Agricultural Code, and to add Section 2056 to the Health and Safety Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

SB 1246, as amended, Nguyen. Pesticides: aerial spraying: notice from aerial pesticide sprayers and mosquito and vector control districts.

Existing law regulates the use of pesticides and the business of pest control, and requires a person who operates a pest control business to be licensed by the Director of Pesticide Regulation and registered by the county agricultural commissioner. Existing law also requires a pest control aircraft pilot to be registered with the Department of Pesticide Regulation. A violation of those provisions is a misdemeanor.

Existing law separately provides for the formation of mosquito abatement and vector control districts, and prescribes the powers, functions, and duties of those districts.

This bill would require pest control operators, pest control businesses, and mosquito abatement and vector control districts, at least 7 days before administering pesticides by aircraft or unmanned begin delete aerial vehicle end delete begin insert aircraft systems end insert over a residential area, to notify various people and entities, including, but not limited to, affected governmental agencies, school districts, and chambers of begin delete commerce. end delete begin insert commerce, except as specified end insert begin insert due to the presence of an emergency outbreak that threatens the public health or other extenuating circumstances that warrant an immediate response. end insert The bill would specify the information required to be included in the notice. By imposing additional duties on local governmental agencies and because a violation of the bill’s provisions relating to pest control operators and pest control businesses would be a crime, the 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert (a) end insert begin insert   end insert begin insert The Legislature finds and declares that
mosquito abatement is a vital activity for protecting the public
health of Californians. end insert

begin insert

(b) It is the intent of the Legislature to increase public awareness
of government activities, particularly when the government is
involved in spraying pesticides by aircraft over residential
neighborhoods.

end insert

begin delete SECTION 1. end delete

begin insert SEC. 2. end insert   

Section 12978.5 is added to the Food and Agricultural
Code, to read:

12978.5.  

begin insert (a) end insert begin insert   end insert At least seven days before administering
pesticides by aircraft or unmanned begin delete aerial vehicle end delete begin insert aircraft systems end insert
over a residential area, a pest control operator or pest control
business shall notify affected governmental agencies, school
districts, chambers of commerce or similar entities, California
State Assembly Members, California State Senators, United States
Congressmen, and United States Senators. The notice shall include
all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  The date and time that the spraying will occur.

begin delete

(b)

end delete

begin insert (2) end insert  The precise areas in which pesticides will be administered.

begin delete

(c)

end delete

begin insert (3) end insert  The type of pesticides being sprayed, identified by brand
name or common chemical name.

begin delete

(d)

end delete

begin insert (4) end insert  The amount of pesticide to be administered.

begin delete

(e)

end delete

begin insert (5) end insert  Any precautions associated with the pesticide that are printed
on the pesticide product’s label or that are included in applicable
laws or regulations related to the protection of persons during the
application.

begin insert

(b) Notwithstanding subdivision (a), in the event that a pest
control operator or pest control business is unable to provide
notification seven days before administering pesticides by aircraft
or unmanned aircraft systems over a residential area due to the
presence of an emergency outbreak that threatens the public health
or other extenuating circumstances that warrant an immediate
response, the pest control operator or pest control business may
proceed with the aerial spraying. In that case, the pest control
operator or pest control business shall notify the entities specified
in, and in the manner prescribed in, subdivision (a) anytime after
the decision to administer pesticides has been made but no later
than seven days after the aerial spraying has occurred. The notice
shall also include a summary of the emergency or extenuating
circumstance that prevented the pest control operator or pest
control business from providing the notice within the time required
in subdivision (a).

end insert

begin delete SEC. 2. end delete

begin insert SEC. 3. end insert   

Section 2056 is added to the Health and Safety Code,
to read:

2056.  

begin insert (a) end insert begin insert   end insert At least seven days before administering pesticides
by aircraft or unmanned begin delete aerial vehicle end delete begin insert aircraft systems end insert over a
residential area, a district shall notify affected governmental
agencies, school districts, chambers of commerce or similar
entities, California State Assembly Members, California State
Senators, United States Congressmen, and United States Senators.
The notice shall include all of the following:

begin delete

(a)

end delete

begin insert (1) end insert  The date and time that the spraying will occur.

begin delete

(b)

end delete

begin insert (2) end insert  The precise areas in which pesticides will be administered.

begin delete

(c)

end delete

begin insert (3) end insert  The type of pesticides being sprayed, identified by brand
name or common chemical name.

begin delete

(d)

end delete

begin insert (4) end insert  The amount of pesticide to be administered.

begin delete

(e)

end delete

begin insert (5) end insert  Any precautions associated with the pesticide that are printed
on the pesticide product’s label or that are included in applicable
laws or regulations related to the protection of persons during the
application.

begin insert

(b) Notwithstanding subdivision (a), in the event that a district
is unable to provide notification seven days before administering
pesticides by aircraft or unmanned aircraft systems over a
residential area due to the presence of an emergency outbreak
that threatens the public health or other extenuating circumstances
that warrant an immediate response, the district may proceed with
the aerial spraying. In that case, the district shall notify the entities
specified in, and in the manner prescribed in, subdivision (a)
anytime after the decision to administer pesticides has been made
but no later than seven days after the aerial spraying has occurred.
The notice shall also include a summary of the emergency or
extenuating circumstance that prevented the district from providing
the notice within the time required in subdivision (a).

end insert

begin delete SEC. 3. end delete

begin insert SEC. 4. end insert   

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.