BILL NUMBER: SB 759	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 4, 2009
	AMENDED IN SENATE  APRIL 16, 2009

INTRODUCED BY   Senator Leno
    (   Coauthor:   Senator   Hancock
  ) 

                        FEBRUARY 27, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 759, as amended, Leno. 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  
an emergency exemption from registration pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), or a Federal
Domestic   Quarantine Order issued  by the United
States Department of Agriculture, prohibit the use of a pesticide in
aerial application within or near residential or sensitive 
areas   sites, as specified,  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,  as defined,  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.
   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  
an emergency exemption from registration pursuant to Section 18 of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or a
Federal Domestic Quarantine Order issued  by the United States
Department of Agriculture,  or in the event that the United
States Department of Agriculture declares an extraordinary emergency,
 no pesticide shall be used in aerial application within or
near residential or  known  sensitive  areas
  sites, including, but not limited to, schools,
hospitals, day care centers, senior citizen centers, residential care
homes, and farm labor camps  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   an  
emergency exemption from registration pursuant to FIFRA, or a Federal
Domestic Quarantine Order issued  by the United States
Department of Agriculture,  or in the event that the United
States Department of Agriculture declares an extraordinary emergency,
 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) For the purposes of this section, "inert ingredient" has the
same meaning as set forth in FIFRA.  
   (d) 
    (e)  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.