Bill Text: CA AB2595 | 2009-2010 | Regular Session | Amended
Bill Title: Irrigated agriculture: pesticide use: operator
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2010-08-30 - To inactive file on motion of Senator Kehoe. [AB2595 Detail]
Download: California-2009-AB2595-Amended.html
BILL NUMBER: AB 2595 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN SENATE AUGUST 2, 2010
AMENDED IN ASSEMBLY APRIL 22, 2010
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 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.
Existing law regulates pesticide use and requires a pesticide use
report to 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, on and after January 1, 2012, would
require the county agricultural commissioner to withhold the issuance
of an operator identification number for pesticide use if, pursuant
to a notice transmitted by the State Water Resources Control Board or
a California regional water quality control board, an operator of
the property is found to be in violation of specified water quality
requirements after the exhaustion of all administrative proceedings
and appeals , except as provided . The bill would
authorize a county agricultural commissioner to levy a specified
civil penalty on an operator who obtains an operator identification
number by means of fraud. 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,
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.
For purposes of implementing the provisions relating to the
issuance of an operator identification number for pesticide use, this
bill would require the state board or a regional board to provide
notice to the Department of Pesticide Regulation and the appropriate
county agricultural commissioners if, pursuant to an administrative
order, the state board or the regional board finds that an operator
of the property, as defined, is in violation of any specified water
quality requirements. The bill would prohibit the state board or the
regional board from transmitting the notice unless 30 days have
elapsed after the date on which specified administrative or judicial
appeals and proceedings are exhausted. The bill would require the
state board or the regional board to issue a written certification of
compliance to an operator of the property upon remedying the
violation, and payment of administrative civil liability imposed, for
the water quality violations. The bill would require the county
agricultural commissioner, upon receipt of a certificate of
compliance, to immediately issue the withheld operator identification
number to an operator who has remedied the subject violation or
violations. The bill would also make a technical, nonsubstantive
change to the provisions.
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 commissioner of each county where pest control
work will be performed.
(c) (1) As of January 1, 2012, a commissioner shall withhold the
issuance of an operator identification number for pesticide use
pursuant to subdivision (b) if, pursuant to a notice transmitted in
accordance with Section 13269.5 of the Water Code, the operator of
the property is found to be in violation of any of the following
water quality requirements:
(A) A requirement to obtain individual or general waste discharge
requirements.
(B) A requirement to furnish a report pursuant to Section 13267 of
the Water Code.
(C) A requirement to enroll in the Irrigated Lands Conditional
Waiver Program, or obtain an individual or general waiver of waste
discharge requirements, pursuant to Section 13269 of the Water Code.
(2) Upon receipt of a certificate of compliance issued by the
State Water Resources Control Board or a California regional water
quality control board, pursuant to subdivision (b) of Section 13269.5
of the Water Code, that an operator subject to paragraph (1) has
remedied the subject violation or violations, the commissioner shall
immediately issue that operator an operator identification number for
pesticide use.
(3) A commissioner shall not withhold issuance of an operator
identification number pursuant to subparagraph (A) or (C) of
paragraph (1) in a county for which the State Water Resources Control
Board or a California regional water quality control board has not
adopted a requirement that operators of the property comply with
waste discharge requirements or obtain a waiver of waste discharge
requirements relating to irrigated agriculture.
(4)
(3) (A) An appeal or petition for review of an action
or determination of the State Water Resources Control Board or a
California regional water quality control board described in this
subdivision shall be subject to the procedures set forth in Sections
13320 and 13330 of the Water Code.
(B) An action of a commissioner pursuant to this subdivision is
not subject to the procedures set forth in Section 11512.5.
(d) The commissioner may levy a civil penalty of not more than
five thousand dollars ($5,000), pursuant to Section 12999.5, on an
operator of the property who obtains an operator identification
number by means of fraud.
(e) 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 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 13269.5 is added to the Water Code, to read:
13269.5. (a) (1) For purposes of subdivision (c) of Section 12979
of the Food and Agricultural Code, the state board or a regional
board shall provide a notice to the Department of Pesticide
Regulation and the appropriate county agricultural commissioners if,
pursuant to an order of the state board or the regional board, the
operator of the property is found to be in violation of any of the
following water quality requirements:
(A) A requirement to obtain individual or general waste discharge
requirements.
(B) A requirement to furnish a report pursuant to Section 13267.
(C) A requirement to enroll in the Irrigated Lands Conditional
Waiver Program, or obtain an individual or general waiver of waste
discharge requirements, pursuant to Section 13269.
(2) Subparagraphs (A) and (C) of paragraph (1) shall not apply in
a county for which the state board or a regional board has not
adopted a requirement that operators of the property comply with
waste discharge requirements or a waiver of waste discharge
requirements relating to irrigated agriculture.
(3)
(2) If the operator of the property petitions the state
board or the superior court, pursuant to Section 13320 or 13330, for
review of an order described in paragraph (1), the state board or
the regional board shall not transmit a notice pursuant to paragraph
(1) unless 30 days have elapsed after the date on which all
proceedings and appeals of the order are exhausted, and the operator
of the property has not complied with the order and paid any civil
liability imposed for the violation.
(b) For purposes of subdivision (c) of Section 12979 of the Food
and Agricultural Code, the state board or the regional board shall
issue a written certificate of compliance to the operator of the
property if the operator has remedied the violation and paid any
administrative civil liability imposed for a violation of any of the
water quality requirements listed in paragraph (1) of subdivision
(a).
(c) 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.
