BILL NUMBER: AB 1721	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 15, 2010
	AMENDED IN ASSEMBLY  APRIL 8, 2010
	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:  safe  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 materials shall not be applied by specified methods for
purposes of 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   aerial
applications likely to cause off-site movement of pesticides 
for purposes of commercial agriculture or a state agricultural pest
eradication or control program within 1/4 mile of a school 
safety zone  , as defined  , and as provided  . The
bill would exempt from these provisions the State Department of
Public Health, local vector control agencies, and mosquito abatement
and vector control districts, as provided.
   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 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.  
   (c) Pesticides not included in subdivision (b) 
    (b)     Pesticides  shall not be
applied by the methods specified in subdivision  (g)
  (f)  for purposes of commercial agriculture or a
state agricultural pest eradication or control program within
one-quarter mile of a school  safety zone   in
session or during school-sponsored activities when children are
present  . 
   (d) 
    (c)  This section does not apply to approved organic
pesticides, as defined in Section 46015, excluding elemental or lime
sulfur, used for commercial agriculture. 
   (e) 
    (d)  For purposes of this section,  "school
safety zone"   "school"  means a schoolsite, as
defined in Section 17609 of the Education Code.  However, "school"
does not include school buses or bus stops.  
   (f) 
    (e)  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) 
    (f)  For purposes of this section, prohibited methods of
application are aerial  application, application by powered
equipment, chemigation, fumigation, or other methods of application
  applications  likely to cause offsite movement of
pesticides. 
   (h) 
    (g)  This section does not apply to the following:
   (1) The State Department of Public Health and local vector control
agencies providing services in accordance with Section 116180 of the
Health and Safety Code.
   (2) Mosquito abatement and vector control districts authorized
under Chapter 1 (commencing with Section 2000) of Division 3 of the
Health and Safety Code.
  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.