BILL NUMBER: AB 2596	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 19, 2016

   An act to amend Section 12978.7 of the Food and Agricultural Code,
relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2596, as introduced, Bloom. Pesticides: use of anticoagulants.
   Existing law regulates the use of pesticides and authorizes the
Director of Pesticide Regulation to adopt regulations to govern the
possession, sale, or use of any pesticide, as prescribed. Existing
law prohibits, except as specified, the use of any pesticide that
contains one or more of specified anticoagulants in wildlife habitat
areas, as defined. Existing law requires the director, and each
county agricultural commissioner under the direction and supervision
of the director, to enforce the provisions regulating the use of
pesticides. A violation of these provisions is a misdemeanor.
   This bill would expand this prohibition to include a pesticide
containing additional specified anticoagulants and would also
prohibit the use of a pesticide containing one of those
anticoagulants in the entire state.
   To the extent the bill would impose additional duties on county
agricultural commissioners, and because the bill would expand the
definition of a crime, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
   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.  (a) The Legislature finds and declares all of the
following:
   (1) Wildlife, including birds of prey, mountain lions, bobcats,
fishers, foxes, coyotes, and endangered species such as the northern
spotted owl, pacific fisher, and San Joaquin kit fox, are an
irreplaceable part of California's natural ecosystems. As predators
of small mammals, they play an important role in regulating and
controlling the population of rodents throughout the state to improve
public health and welfare.
   (2) Millions of people annually visit California for the purposes
of viewing and photographing wildlife, and these visits contribute
millions of dollars to California's economy.
   (3) Urban areas are increasingly being used by predatory mammals
and birds of prey and the public enjoys seeing them and values these
animals and the ecosystem services they provide.
   (4) The ecosystem services provided by native wildlife predators
are a public trust, just like clean air and water. We, as California
residents, are obligated to conserve these wildlife populations for
future generations of Californians.
   (5) Scientific research and state studies have found rodenticides
in over 75 percent of animals tested. These rodenticides lead to
direct mortality and chronic long-term health impacts for natural
predators, nontarget organisms, and endangered species and further
steps are needed to reduce rodenticide exposure in nontarget animals.

   (6) Rodenticides can be counterproductive to rodent control by
poisoning, harming, and killing natural predators that help regulate
rodent populations throughout California.
   (b) It is the intent of the Legislature in enacting this measure
to ensure that aquatic, terrestrial, and avian wildlife species
remain a fully functional component of the ecosystems they inhabit
and move through in California.
   (c) This act shall be known, and may be cited, as the California
Natural Predator Protection Act of 2016.
  SEC. 2.  Section 12978.7 of the Food and Agricultural Code is
amended to read:
   12978.7.  (a) Except as provided in subdivision  (d),
  (c),  the use of any pesticide that contains one
or more of the following anticoagulants is prohibited in  a
wildlife habitat area:   this state: 
   (1) Brodifacoum.
   (2) Bromadiolone. 
   (3) Bromethalin.  
   (4) Chlorophacinone.  
   (5) Cholecalciferol.  
   (3) 
    (6)  Difenacoum. 
   (4) 
    (7)  Difethialone. 
   (8) Diphacinone.  
   (9) Warfarin.  
   (b) As used in subdivision (a), a "wildlife habitat area" means
any state park, state wildlife refuge, or state conservancy.
 
   (c) 
    (b)  State agencies are directed to encourage federal
agencies to comply with subdivision (a). 
   (d) 
    (c)  This section does not apply to the use of
pesticides for agricultural activities, as defined in Section 564.

   (e) 
    (d)  This section does not preempt or supersede any
federal statute or the authority of any federal agency.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.