BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 25, 2009

   An act to add Section 12979.1 to the Food and Agricultural Code,
relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 622, as amended, Swanson. Pesticides: aerial application.
   Existing law requires the registration of pesticides, prohibits
certain uses of pesticides, and authorizes the Director of Pesticide
Regulation to adopt regulations to govern the possession, sale, or
use of pesticides, as provided. 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, and requires pesticide
applications on public property which take place on school grounds,
parks, or other public rights-of-way where public exposure is
foreseeable to be posted with warning signs.
   This bill would require, with respect to aerial applications of a
pesticide, the observance of a safety zone of no less than 3.3 miles
from the aerial application for residential areas, including known
sensitive sites  , if the pesticide contains any active or
inert ingredient that is known to be or suspected to be a carcinogen,
a mutagen, or an endocrine disruptor  .
   Under existing law, a violation of the provisions of this bill
would be a crime, as specified. Because this bill would create new
crimes, 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 no reimbursement is required by this
act for a specified reason.
   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 12979.1 is added to the Food and Agricultural
Code, to read:
   12979.1.   (a)     This section shall be
known, and may be cited as, the Clean Air for Children, Seniors, and
Working Families Act. 
    (b)    For aerial applications of a pesticide,
a safety zone of no less than three and three tenths miles from the
aerial application, including drift, shall be observed for
residential areas and known sensitive sites such as schools,
hospitals, day care centers, senior citizen centers, residential care
homes, and farm labor camps  , if the pesticide contains any
active or inert ingredient that is known to be or suspected to be a
carcinogen, a mutagen, or an endocrine disruptor  .
  SEC. 2.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because 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.