Bill Text: CA AB2657 | 2013-2014 | Regular Session | Chaptered

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Bill Title: Wildlife habitat areas: use of anticoagulants.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-09-19 - Chaptered by Secretary of State - Chapter 475, Statutes of 2014. [AB2657 Detail]

Download: California-2013-AB2657-Chaptered.html

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BILL NUMBER: AB 2657	CHAPTERED
	BILL TEXT

	CHAPTER  475
	FILED WITH SECRETARY OF STATE  SEPTEMBER 19, 2014
	APPROVED BY GOVERNOR  SEPTEMBER 19, 2014
	PASSED THE SENATE  AUGUST 19, 2014
	PASSED THE ASSEMBLY  AUGUST 21, 2014
	AMENDED IN SENATE  AUGUST 11, 2014
	AMENDED IN ASSEMBLY  MAY 5, 2014
	AMENDED IN ASSEMBLY  APRIL 3, 2014

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to add Section 12978.7 to the Food and Agricultural Code,
relating to fish and wildlife protection.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2657, Bloom. Wildlife habitat areas: 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 requires the use of any pesticide by any person to be in such a
manner as to prevent substantial drift to nontarget areas. Existing
law requires public property where public exposure is foreseeable to
be posted with warning signs prior to pesticide applications, as
specified. 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 prohibit, except as specified, the use of any
pesticide that contains one or more of specified anticoagulants,
including brodifacoum and bromadiolone, in wildlife habitat areas, as
defined. The bill would direct state agencies to encourage federal
agencies to comply with this prohibition.
   To the extent the bill would impose additional duties on county
agricultural commissioners, and because a violation of this provision
would be 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.



THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 12978.7 is added to the Food and Agricultural
Code, to read:
   12978.7.  (a) Except as provided in subdivision (d), the use of
any pesticide that contains one or more of the following
anticoagulants is prohibited in a wildlife habitat area:
   (1) Brodifacoum.
   (2) Bromadiolone.
   (3) Difenacoum.
   (4) Difethialone.
   (b) As used in subdivision (a), a "wildlife habitat area" means
any state park, state wildlife refuge, or state conservancy.
   (c) State agencies are directed to encourage federal agencies to
comply with subdivision (a).
   (d) This section does not apply to the use of pesticides for
agricultural activities, as defined in Section 564.
   (e) This section does not preempt or supersede any federal statute
or the authority of any federal agency.
  SEC. 2.  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.