BILL ANALYSIS
AB 2465
Page 1
Date of Hearing: April 6, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 2465 (Yamada) - As Amended: April 5, 2010
SUBJECT : Vector control: state agencies.
SUMMARY : Requires the Department of General Services (DGS) and
every state agency required to report excess lands to DGS, to
follow the Best Management Practices (BMPs) guidelines for
mosquito control on state property acquired beginning January 1,
2011. Specifically, this bill :
1)Requires DGS and every state agency required to report excess
lands to DGS and that does not transfer excess lands to DGS,
to do the following for state property acquired beginning
January 1, 2011:
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 BMPs most appropriate for the
land-use type, resource availability, WNV risk, and
mosquito populations;
d) Coordinate any BMPs 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;
AB 2465
Page 2
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;
aa) Use appropriate biorational control measures to control
mosquito larvae;
bb) Use personal protective measures to prevent mosquito
bites; and,
cc) Evaluate the effects and efficacy of treatments for
mosquito control.
2)Makes legislative findings and declarations.
EXISTING LAW :
1)Establishes the Mosquito Abatement and Vector Control District
Law, which authorizes the establishment of mosquito abatement
and vector control districts governed by a board of trustees.
2)Authorizes the Department of Public Health (DPH) to enter into
a cooperative agreement with any local district or public
agency to control mosquitoes, gnats, flies, other insects,
rodents, or other vectors and pests in the interest of public
health, as prescribed.
3)Requires each state agency to annually report excess lands to
DGS.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "In
2008, DPH and a steering committee comprised of numerous state
agencies adopted recommendations for BMPs for Mosquito Control
AB 2465
Page 3
on State Properties. Many state agencies that manage state
properties and are required to implement the BMPs have not been
doing so, which has resulted in costly chemical control by local
mosquito and vector control agencies that are just as broke as,
if not more than the State. This bill ensures that newly
acquired state lands meet the BMPs contained in the 2008 DPH
Report and helps to avoid costly chemical intervention which can
be hazardous to the environment and is unwelcome in many cities
and counties."
Background . On August 2, 2007, the Governor responded to the
WNV outbreak by issuing an emergency proclamation. This
proclamation directed DPH to develop a plan to improve early
detection and control of WNVon state-owned properties using the
BMPs and to coordinate with the State Consumer Services Agency,
the Resources Agency, and the Department of Food and
Agriculture, in the development of this plan.
In June 2008, DPH adopted its BMPs for Mosquito Control on
California state properties that include eliminating standing
water, modifying habitat, enhancing natural predation on
mosquito larvae, and using highly specific mosquito control
products. The BMPs are recommendations, not a mandate.
Currently, the State is financially responsible for mosquito and
vector control costs on state-owned lands. State agencies will
contract with local mosquito and vector districts for abatement.
However, due to the state budget deficit, state agencies have
delayed or ignored mosquito and vector control. The inability
of state agencies to implement the BMPs has resulted in the late
management of mosquito populations, requiring chemical control
instead of non-chemical intervention by local vector control
agencies. By failing to take preventive action to address
mosquito problems, mosquitoes mature into adults, requiring
aerial sprays and greater costs to address. Adult mosquitoes
can only be controlled with pesticides, which are used when the
risk of mosquito-borne illnesses exceeds levels established by
the statewide WNV Surveillance and Response Plan. Local cities
and counties bear the costs of any mosquito and vector problems
that have migrated from state-owned lands.
Mosquito breeding can be minimized through property inspections
and maintenance, and regularly removing standing water. Many
state agencies manage buildings and grounds such as
universities, hospitals, office buildings, correctional
AB 2465
Page 4
facilities, military properties, fairgrounds, and museums.
Water that can produce mosquitoes may be associated with
irrigation breaks or runoff, clogged gutters, agricultural
plantings, stormwater management structures, ornamental ponds,
swimming pools, and miscellaneous landscape features.
Support . According to the sponsor, the Mosquito and Vector
Control Association of California, "The goals for state agencies
implementing these recommended BMPs are twofold. First, to
reduce mosquito populations on state owned and managed lands,
including mosquitoes that carry the WNV, and second, in so
doing, reduce significantly the need for pesticide applications
on those lands. Clearly, these goals are in the best interest
of all Californians relative to protecting their public health
and safety. Yet, due primarily to a lack of state funding, few
state agencies have fully implemented the recommended BMPs, yet
the state continues to acquire new lands with little thought to
the fiscal resources necessary to fully implement these
recommendations.
"AB 2465 would address this latter issue by requiring, at the
front-end of the state acquisition process, the requirement that
all state agencies with management responsibilities for newly
acquired state lands fully implement the BMPs for Mosquito
Control on California State Properties as prepared and
recommended by DPH and the other state and local agencies that
served on DPH's steering committee in the preparation of the
recommendations."
Prior Legislation . AB 1982 (Wolk), Chapter 553, Statutes of
2004, required the Department of Fish and Game to identify and
implement BMPs to minimize mosquito production while maintaining
targeted wetland values and functions.
Suggested Amendments . As written, this bill mandates DGS, with
land declared in excess of need and which an agency does not
request transfer to be transferred to DGS, to statutorily
implement the BMPs upon acquisition. However, any land declared
excess usually triggers a surplus property sale. Further, DGS
(not the state agency declaring their state property as excess
land) is the entity responsible for requesting transfer of state
property to DGS, which rarely occurs. The author's office has
agreed to take clarifying amendments to delete language relating
to excess lands and clarify that this bill applies to newly
acquired state property.
AB 2465
Page 5
REGISTERED SUPPORT / OPPOSITION :
Support
Mosquito and Vector Control Association of California (sponsor)
Alameda County Mosquito Abatement District
Antelope Valley Mosquito & Vector Control District
Butte County Mosquito and Vector Control District
Coachella Valley Mosquito and Vector Control District
Contra Costa Mosquito & Vector Control District
County of Santa Cruz
Greater Los Angeles County Vector Control District
Kern Mosquito and Vector Control District
San Gabriel Valley Mosquito & Vector Control District
San Mateo County Mosquito and Vector Control District
Solano County Mosquito Abatement District
Tehama County Mosquito & Vector Control District
Turlock Mosquito Abatement District
West Side Mosquito & Vector Control District
West Valley Mosquito and Vector Control District
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301