BILL NUMBER: AB 2465	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Yamada

                        FEBRUARY 19, 2010

   An act to add Section 14718 to the Government Code, relating to
pest management.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2465, as amended, Yamada. Vector control: state agencies.
   Existing law, the Mosquito Abatement and Vector Control District
Law, authorizes the establishment of mosquito abatement and vector
control districts governed by a board of trustees. Existing law
requires the State Department of Public Health to certify government
agency employees and pest abatement district employees who handle,
apply, or supervise the use of pesticides as vector control
technicians. It also requires the department to establish minimum
standards for continuing education for any government agency employee
so certified.
   Existing law authorizes the department to enter into a cooperative
agreement with any local district or other public agency engaged in
the work of controlling mosquitoes, gnats, flies, other insects,
rodents, or other vectors and pests of public health importance, in
areas and under terms, conditions, and specifications as the State
Public Health Officer may prescribe. Existing law, until January 1,
2011, requires any state or local agency responding to an outbreak of
West Nile virus or other mosquito-borne disease with an abatement
and surveillance program to contract with a local mosquito and vector
control agency that is party to the cooperative agreement or to
consult directly with the department to ensure that the outbreak
response is supervised appropriately and conducted by licensed
personnel using sound integrated mosquito management techniques.
   Existing law requires each state agency to annually make a review
of all proprietary state lands, except as specified, over which it
has jurisdiction to determine what, if any, land is in excess of its
foreseeable needs and report thereon in writing to the Department of
General Services. It also requires jurisdiction of all land reported
as excess to be transferred to the Department of General Services,
when requested by the director of the reporting agency, for sale or
disposition.
   This bill would require the Department of General Services and
every state agency that is required to report to the Department of
General Services all land that is in excess of its foreseeable needs
and that does not request transfer of its jurisdiction to the
Department of General Services to, with respect to this excess land
that is acquired by the state on and after January 1, 2011, take
specified actions with regard to mosquito control on state
properties, as described in the June 2008 Best Management Practices
for Mosquito Control on California State Properties prepared by the
State Department of Public Health.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature hereby finds and declares all of the
following:
   (a) On August 2, 2007, Governor Schwarzenegger issued  a
Proclamation of   an  Emergency  Proclamation
 in response to the then rapidly escalating West Nile virus
outbreak and directed the State Department of Public Health (DPH), in
coordination with the State and Consumer Services Agency, the
Resources Agency, and the Department of Food and Agriculture, to
develop a plan to be implemented by all state agencies to enhance
early detection and control of West Nile virus on state-owned
properties  utilizing best management practices (BMP)
 .
   (b) In 2009, the DPH reported that West Nile virus resulted in the
deaths of four Californians and resulted in 105 Californians testing
positive for West Nile virus.
   (c) In June 2008, the DPH adopted its Best Management Practices
for Mosquito Control on California State Properties  (Best
Management Practices)  . These  BMPs   Best
  Management Practices  describe land management
practices intended to reduce mosquito populations by eliminating
standing water, modifying  a  habitat, enhancing natural
predation on mosquito larvae, and using highly specific mosquito
control products.
   (d) Additionally, the  BMPs   Best Management
Practices  are a fundamental attribute of an integrated pest
management program, that combines chemical and nonchemical control
measures to reduce populations of mosquitoes, while minimizing the
potential impacts to people, other organisms, and the environment.
   (e) Due in large part to recent state budget constraints, the
state agencies required to implement  BMPs   the
Best Management Practices  on lands under their jurisdiction
have been unable to fully implement the  BMPs  
Best Management Practices  , thus further straining the budgets
of local mosquito control  on these state lands 
 districts . 
   (f) The acquisition of new properties by the state, which is void
of adequate funding for implanting the BMPs requirements at the time
of purchase, will simply continue to shift mosquito control on
state-owned and state-managed lands to the local mosquito control and
vector control districts.  
   (g) 
    (f)  Mosquito control utilizing  BMPs 
 Best Management Practices  through collaboration between
state agencies and local mosquito and vector control agencies
provides a higher level of public safety to all Californians and will
reduce the use of pesticides on state-owned and state-managed lands.

  SEC. 2.  Section 14718 is added to the Government Code, to read:
   14718.  The Department of General Services and every state agency
that is required, pursuant to Section 11011, to report to the
Department of General Services all land that is in excess of its
foreseeable needs and that does not request transfer of its
jurisdiction to the Department of General Services, shall, with
respect to land that is acquired by the state on and after January 1,
2011, and reportable pursuant to Section 11011, do all of the
following, as described in the June 2008 Best Management Practices
for Mosquito Control on California State Properties prepared by the
State Department of Public Health:
   (a) Coordinate with local mosquito control agencies to monitor
mosquito populations and the West Nile virus  (WNV) 
.
   (b) Collaborate with mosquito control professionals to establish
the treatment threshold of mosquito populations based on facts
related to local health, public safety, and economics.
   (c) Identify and implement best management practices most
appropriate for the land-use type, resource availability, 
WNV   West Nile virus  risk, and mosquito
populations.
   (d) Coordinate any best management practices implementation with
the local mosquito and vector control agency.
   (e) Ensure that mosquito control staff has permanent access and
permission to survey standing water for mosquito production and apply
control measures.
   (f) Use integrated pest management, including biological,
mechanical, cultural, microbial, biochemical, and chemical controls
to actively control mosquitoes while considering human health,
ecological impact, feasibility, and cost effectiveness.
   (g) Eliminate artificial mosquito breeding sites.
   (h) Ensure that all surface water is gone within four days (96
hours) to prevent mosquito breeding.
   (i) Control plant growth in ponds, ditches, and shallow wetlands.
   (j) Design facilities and water conveyance or holding structures
 or both to minimize the potential for producing mosquitoes.
  to minimize potential mosquito breeding. 
   (k) Use appropriate biorational control measures to control
mosquito larvae.
   (l) Use personal protective measures to prevent mosquito bites.
   (m) Evaluate the effects and efficacy of treatments for mosquito
control.