BILL NUMBER: AB 1721	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 6, 2010
	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   restricted materials 
shall not be applied  by specified methods  for purposes of
 production   commercial  agriculture 
, as defined,  or a state  agricultural  pest
eradication or control program within 1/2 mile of a school safety
zone, as defined, and that other pesticides shall not be applied 
by specified methods  for purposes of  production
  commercial  agriculture or a state 
agricultural  pest eradication or control program within 1/4
mile of a school safety zone, as defined.
   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 shall not be applied for purposes of
production agriculture or a state 
    (b)     Restricted materials shall not be
applied by the methods specified in subdivision (g) for purposes of
commercial agriculture or a state agricultural  pest eradication
or control program within one-half mile of a school safety zone
 , as defined in subdivision (e)  . 
   (c) For all other pesticides not included in subdivision (b),
those  
   (c) No pesticide shall be applied for purposes of production

    (c)     Pesticides not included in
subdivision (b) shall not be applied by the methods specified in
subdivision (g) for purposes of commercial  agriculture or a
state pest  agricultural  eradication or control program
within one-quarter mile of a school safety zone  , as defined
in subdivision (e)  .
   (d) This section does not apply to approved organic pesticides,
 as defined in Section 46015,  excluding elemental or lime
sulfur, used for  production   commercial 
agriculture.
   (e) For purposes of this section, "school safety zone" means a
 school site   schoolsite, as defined in Section
17609 of the Education Code  . 
   (f) For purposes of this section, "commercial agriculture" means
any person engaged in raising crops, nursery stock, or animals, or
producing animal products, for commerce.  
   (g) For purposes of this section, prohibited methods of
application are aerial application, application by powered equipment,
chemigation, fumigation, or other methods of application likely to
cause off-site movement of pesticides. 
  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.