BILL NUMBER: AB 2595 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 20, 2010
AMENDED IN ASSEMBLY APRIL 8, 2010
INTRODUCED BY Assembly Member Huffman
FEBRUARY 19, 2010
An act to amend Section 12979 of the Food and Agricultural Code,
and to amend Section 13269 of add Section
13269.5 to the Water Code, relating to irrigated agriculture.
LEGISLATIVE COUNSEL'S DIGEST
AB 2595, as amended, Huffman. Irrigated agriculture: pesticide
use: operator identification number: water quality: waste discharge
requirements: waivers. requirements.
Existing law regulates pesticide use, as specified, and provides
that a pesticide use report shall be submitted to the county
agricultural commissioner or the Director of Pesticide Regulation, as
specified, for use in the setting of priorities for, among other
things, pesticide use enforcement and pest control research,
environmental monitoring, and public health monitoring and research.
Existing regulations provide that prior to the purchase or use of
pesticides for the production of an agricultural commodity, the
operator of the property, as defined, or the operator's
authorized representative, shall obtain an operator identification
number for pesticide use from the county agricultural commissioner of
each county where pest control work will be performed.
This bill would codify that requirement relating
to the operator identification number and would
provide, with a specified exception, that , on and after
January 1, 2012, as a condition of issuing an operator
identification number for pesticide use, the county agricultural
commissioner shall verify that the operator has been issued either
waste discharge requirements or a waiver, as specified
would require the county agricultural commissioner to withhold the
issuance of an operator identification number for pesticide use if an
operator of the property is found to be in violation of specified
water quality requirements after all administrative appeals have been
completed, except as provided . By imposing new requirements
on county agricultural commissioners, this bill would impose a
state-mandated local program.
Existing law, the Porter-Cologne Water Quality Control Act,
authorizes requires the State Water
Resources Control Board (state board) and a California
regional water quality control board (regional board) to
prescribe waste discharge requirements, as specified. The act
authorizes the state board and a regional board to waive
certain waste discharge requirements as to a specific discharge or
type of discharge if the state board or the regional board makes a
specified determination. Existing law authorizes the state
board or a regional board to waive the monitoring requirements for
discharges that it determines do not pose a significant threat to
water quality.
This bill would require the State Water Resources Control
Board or a California regional water quality control board
state board or a regional board to provide
evidence notice to the Department of Pesticide
Regulation and the appropriate county agricultural
commissioners that if an operator of
a the property has been issued
a waiver under the waste discharge provisions, in order to support
implementation of the provisions relating to the issuance of an
operator identification number for pesticide use , as
defined, is in violation of any specified water quality requirements
after all administrative appeals have been completed . The bill
would also make a technical, nonsubstantive change to the
provisions. By imposing new requirements on regional water
quality control boards, 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
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 12979 of the Food and Agricultural Code is
amended to read:
12979. (a) A pesticide use report shall be submitted to the
commissioner or director on a form and in a manner prescribed by the
director. The data from the pesticide use reports shall be considered
in setting priorities for food monitoring, pesticide use
enforcement, farm worker safety programs, environmental monitoring,
pest control research, public health monitoring and research, and
similar activities by the department, or by the department in
cooperation with other state, regional, or local agencies with
appropriate authority.
(b) Pursuant to Section 6622 of Title 3 of the California Code of
Regulations, or any successor regulation, prior to the purchase or
use of pesticides for the production of an agricultural commodity,
the operator of the property, or the operator's authorized
representative, shall obtain an operator identification number for
pesticide use from the county agricultural commissioner of each
county where pest control work will be performed.
(c) As of January 1, 2012, as a condition of issuing an operator
identification number for pesticide use pursuant to subdivision (b),
the county agricultural commissioner shall verify that the operator
has been issued either waste discharge requirements pursuant to
Section 13263 of the Water Code or a waiver pursuant to Section 13269
of the Water Code. This requirement shall not apply in any county
for which the regional water quality control board has not adopted
requirements relating to irrigated agriculture.
(c) (1) As of January 1, 2012, the county agricultural
commissioner shall withhold the issuance of an operator
identification number for pesticide use pursuant to subdivision (b)
if the State Water Resources Control Board or a California regional
water quality control board finds the grower or operator to be in
violation of any of the following water quality requirements after
all administrative appeals have been completed:
(A) Failure to furnish a report required pursuant to Section 13267
of the Water Code.
(B) Failure to obtain an individual or general waiver of waste
discharge requirements relating to irrigated agriculture pursuant to
Section 13269 of the Water Code.
(C) Failure to comply with individual or general waste discharge
requirements relating to irrigated agriculture pursuant to Section
13263 of the Water Code.
(2) This subdivision shall not apply in any county for which the
regional water quality control board has not adopted a requirement
that growers or operators obtain coverage under waste discharge
requirements, or a waiver of waste discharge requirements, relating
to irrigated agriculture.
(d) The director may adopt regulations to carry out the provisions
of this section. The director shall consult with the State Water
Resources Control Board and with county agricultural commissioners in
the development of regulations relating to subdivision (c) in order
to ensure that any requirements imposed shall result in minimal
disruption to the process of issuing operator identification numbers
for pesticide use.
SEC. 2. Section 13269 of the Water Code is
amended to read:
13269. (a) (1) On and after January 1, 2000, the provisions of
subdivisions (a) and (c) of Section 13260, subdivision (a) of Section
13263, or subdivision (a) of Section 13264 may be waived by the
state board or a regional board as to a specific discharge or type of
discharge if the state board or a regional board determines, after
any necessary state board or regional board meeting, that the waiver
is consistent with any applicable state or regional water quality
control plan and is in the public interest. The state board or a
regional board shall give notice of any necessary meeting by
publication pursuant to Section 11125 of the Government Code.
(2) A waiver shall not exceed five years in duration, but may be
renewed by the state board or a regional board. The waiver shall be
conditional and may be terminated at any time by the state board or a
regional board. The conditions of the waiver shall include, but need
not be limited to, the performance of individual, group, or
watershed-based monitoring, except as provided in paragraph (3).
Monitoring requirements shall be designed to support the development
and implementation of the waiver program, including, but not limited
to, verifying the adequacy and effectiveness of the waiver's
conditions. In establishing monitoring requirements, the regional
board may consider the volume, duration, frequency, and constituents
of the discharge; the extent and type of existing monitoring
activities, including, but not limited to, existing watershed-based,
compliance, and effectiveness monitoring efforts; the size of the
project area; and other relevant factors. Monitoring results shall be
made available to the public.
(3) The state board or a regional board may waive the monitoring
requirements described in this subdivision for discharges that it
determines do not pose a significant threat to water quality.
(4) The state board or a regional board shall provide evidence to
the Department of Pesticide Regulation and the county agricultural
commissioners that an operator of a property has been issued a waiver
under this section, in order to support implementation of
subdivision (c) of Section 12979 of the Food and Agricultural Code.
(5) (A) The state board or a regional board may include as a
condition of a waiver the payment of an annual fee established by the
state board in accordance with subdivision (f) of Section 13260.
(B) Funds generated by the payment of the fee shall be deposited
in the Waste Discharge Permit Fund for expenditure, upon
appropriation by the Legislature, by the state board or appropriate
regional board for the purpose of carrying out activities limited to
those necessary to establish and implement the waiver program
pursuant to this section. The total amount of annual fees collected
pursuant to this section shall not exceed the costs of those
activities necessary to establish and implement waivers of waste
discharge requirements pursuant to this section.
(C) In establishing the amount of a fee that may be imposed on
irrigated agriculture operations pursuant to this section, the state
board shall consider relevant factors, including, but not limited to,
all of the following:
(i) The size of the operations.
(ii) Any compliance costs borne by the operations pursuant to
state and federal water quality regulations.
(iii) Any costs associated with water quality monitoring performed
or funded by the operations.
(iv) Participation in a watershed management program approved by
the applicable regional board.
(D) In establishing the amount of a fee that may be imposed on
silviculture operations pursuant to this section, the state board
shall consider relevant factors, including, but not limited to, all
of the following:
(i) The size of the operations.
(ii) Any compliance costs borne by the operations pursuant to
state and federal water quality regulations.
(iii) Any costs associated with water quality monitoring performed
or funded by the operations.
(iv) The average annual number of timber harvest plans proposed by
the operations.
(6) The state board or a regional board shall give notice of the
adoption of a waiver by publication within the affected county or
counties as set forth in Section 6061 of the Government Code.
(b) (1) A waiver in effect on January 1, 2000, shall remain valid
until January 1, 2003, unless the regional board terminates that
waiver prior to that date. All waivers that were valid on January 1,
2000, and granted an extension until January 1, 2003, and not
otherwise terminated, may be renewed by a regional board in five-year
increments.
(2) Notwithstanding paragraph (1), a waiver for an onsite sewage
treatment system that is in effect on January 1, 2002, shall remain
valid until June 30, 2004, unless the regional board terminates the
waiver prior to that date. Any waiver for onsite sewage treatment
systems adopted or renewed after June 30, 2004, shall be consistent
with the applicable regulations or standards for onsite sewage
treatment systems adopted or retained in accordance with Section
13291.
(c) Upon notification of the appropriate regional board of the
discharge or proposed discharge, except as provided in subdivision
(d), the provisions of subdivisions (a) and (c) of Section 13260,
subdivision (a) of Section 13263, and subdivision (a) of Section
13264 do not apply to a discharge resulting from any of the following
emergency activities:
(1) Immediate emergency work necessary to protect life or property
or immediate emergency repairs to public service facilities
necessary to maintain service as a result of a disaster in a
disaster-stricken area in which a state of emergency has been
proclaimed by the Governor pursuant to Chapter 7 (commencing with
Section 8550) of Division 1 of Title 2 of the Government Code.
(2) Emergency projects undertaken, carried out, or approved by a
public agency to maintain, repair, or restore an existing highway, as
defined in Section 360 of the Vehicle Code, except for a highway
designated as an official state scenic highway pursuant to Section
262 of the Streets and Highways Code, within the existing
right-of-way of the highway, damaged as a result of fire, flood,
storm, earthquake, land subsidence, gradual earth movement, or
landslide within one year of the damage. This paragraph does not
exempt from this section any project undertaken, carried out, or
approved by a public agency to expand or widen a highway damaged by
fire, flood, storm, earthquake, land subsidence, gradual earth
movement, or landslide.
(d) Subdivision (c) is not a limitation of the authority of a
regional board under subdivision (a) to determine that any provision
of this division shall not be waived or to establish conditions of a
waiver. Subdivision (c) shall not apply to the extent that it is
inconsistent with any waiver or other order or prohibition issued
under this division.
(e) The regional boards and the state board shall require
compliance with the conditions pursuant to which waivers are granted
under this section.
(f) Prior to renewing any waiver for a specific type of discharge
established under this section, the state board or a regional board
shall review the terms of the waiver policy at a public hearing. At
the hearing, the state board or a regional board shall determine
whether the discharge for which the waiver policy was established
should be subject to general or individual waste discharge
requirements.
SEC. 2. Section 13269.5 is added to the
Water Code , to read:
13269.5. (a) The state board or a regional board shall provide
notice to the Department of Pesticide Regulation and the appropriate
county agricultural commissioners if, after all administrative
appeals are completed, an operator of the property is in violation of
any of the water quality requirements listed in subdivision (c) of
Section 12979 of the Food and Agricultural Code.
(b) As used in this section, "operator of the property" has the
same meaning as set forth in Section 6000 of Title 3 of the
California Code of Regulations.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.