BILL NUMBER: AB 1721	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 2, 2010

   An act to add Section 12978.1 to the Food and Agricultural Code,
relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1721, as introduced, Swanson. Pesticides: school zones.
   Existing law generally regulates the application of pesticides.
Existing law provides that violation of these provisions is a crime.
   This bill would provide, subject to exceptions, that
restricted-use pesticides used for purposes of production agriculture
or a state pest eradication or control program may not be applied
within 1/2 mile of a school safety zone, as defined, and that other
pesticides, as specified, may not be applied within 1/4 mile of a
school safety zone, as defined, within 24 hours of when children are
or will be present.
   By enacting provisions the violation of which is 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 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 12978.1 is added to the Food and Agricultural
Code, to read:
   12978.1.  (a) This section shall be known, and may be cited, as
the Healthy and Safe School Zones Act.
   (b) Restricted-use pesticides used for purposes of production
agriculture or a state pest eradication or control program may not be
applied within one-half mile of a school safety zone, as defined in
subdivision (e), within 24 hours of when children are or will be
present.
   (c) For all other pesticides not included in subdivision (b),
those pesticides may not be applied within one-quarter mile of a
school safety zone, as defined in subdivision (e), within 24 hours of
when children are or will be present.
   (d) This section does not apply to approved organic pesticides
used for production agriculture.
   (e) For purposes of this section, "school safety zone" is defined
to include school sites and school property where school-sponsored
activities are taking place and children are present, or are due to
take place and children are due to be present within 24 hours of the
proposed pesticide application.
  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.