BILL NUMBER: SB 759	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 16, 2009

INTRODUCED BY   Senator Leno

                        FEBRUARY 27, 2009

   An act to  amend Section 105205 of   add
Sections 105206 and 105207 to  the Health and Safety Code,
relating to public health.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 759, as amended, Leno.  Aerial   Federal
state of emergency: aerial spraying of pesticide: inert
ingredients: information.
   Existing law establishes various programs for the prevention of
disease and the promotion of health to be administered by the State
Department of Public Health, including, but not limited to, programs
relating to the reporting of pesticide poisoning.
   Existing law establishes a program under the jurisdiction of the
Department of Food and Agriculture for invasive pest planning,
including, but not limited to, invasive pest eradication through
aerial spraying of urban areas. 
   This bill would, in the event of aerial spraying of a pesticide as
a result of a state of emergency declared by the United States
Department of Agriculture, prohibit the use of a pesticide in aerial
application within or near residential or sensitive areas where
humans are likely to become exposed to the pesticide unless the
manufacturer of the pesticide has previously and voluntarily made the
complete ingredient list, including, but not limited to, all inert
ingredients, available to the Office of Environmental Health Hazard
Assessment. The bill would require the director to provide a complete
list of all ingredients to specified officials and care providers,
and would require the director to seek federal reimbursement for all
state costs associated with the emergency, as permitted by federal
law.  
   This bill would declare that its provisions are severable, and
that if any provision or its application is held invalid, the
invalidity shall not affect other provisions or applications that can
be given effect without the invalid provision or application. 

   This bill would, in the case of aerial pesticide spraying near
residential or sensitive areas, require the Office of Environmental
Health Hazard Assessment to use prescribed information regarding the
effects of pesticides, including inert ingredients, to develop
educational material for distribution to physicians and surgeons and
to the public. 
   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.    Section 105206 is added to the 
 Health and Safety Code   , to read:  
   105206.  The Legislature finds and declares that in order to
better diagnose and treat illnesses caused by, or related to, human
exposure to toxins through the aerial application of pesticides,
county agricultural commissioners, medical associations, health
departments, and health care professionals responsible for the
diagnosis and treatment of pesticide poisoning should be aware of all
ingredients, including, but not limited to, inert ingredients, in
pesticides that are authorized for aerial application in the state.

   SEC. 2.   Section 105207 is added to the  
Health and Safety Code   , to read:  
   105207.  (a) In the event of aerial spraying of a pesticide as a
result of a state of emergency declared by the United States
Department of Agriculture, no pesticide shall be used in aerial
application within or near residential or sensitive areas within this
state where humans are likely to become exposed to the pesticide
unless the manufacturer of the pesticide has previously and
voluntarily made the complete ingredient list, including, but not
limited to, all inert ingredients, available to the Office of
Environmental Health Hazard Assessment.
   (b) In the event of aerial spraying of a pesticide as a result of
a state of emergency declared by the United States Department of
Agriculture, the Director of Environmental Health Hazard Assessment
shall, for each pesticide authorized for aerial application, provide
a complete list of all ingredients, including, but not limited to,
all inert ingredients, to local agricultural and health officials in
each county under a state of emergency, including, but not limited
to, county agricultural commissioners, local emergency rooms, health
care providers, health clinics, hospitals, medical associations,
school nurses, and veterinarians.
   (c) The Director of Environmental Health Hazard Assessment shall
seek federal reimbursement for all state costs associated with the
emergency as permitted by federal law.
   (d) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.  
  SECTION 1.    Section 105205 of the Health and
Safety Code is amended to read:
   105205.  (a) The Office of Environmental Health Hazard Assessment
shall develop and implement, in cooperation with local health
officers and state and local medical associations, a program of
medical education to alert physicians and other health care
professionals to the symptoms, diagnosis, treatment, and reporting of
pesticide poisoning.
   (b) In the case of aerial pesticide spraying near residential or
sensitive areas, the office shall utilize information obtained
pursuant to subdivisions (b) and (c) of Section 5262 of the Food and
Agricultural Code regarding the effects of pesticides, including
inert pesticide ingredients, in developing educational material for
distribution to physicians and surgeons and to the public.