BILL NUMBER: AB 1721	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 17, 2010

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 amended, 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   shall not be
applied  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   shall 
not be applied  for purposes of production agriculture or a state
pest eradication or control program  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   shall
not be applied  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 
    (c)    No pesticide shall be applied for
purposes of production agriculture or a state pest eradication or
control program  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
 ,   excluding elemental or lime sulfur,  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.  
means a school site. 
  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.