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

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 2657	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 3, 2014

INTRODUCED BY   Assembly Member Bloom

                        FEBRUARY 21, 2014

   An act to add Section  12016.5   12978.7
 to the  Fish   Food  and 
Game   Agricultural  Code, relating to fish and
wildlife protection.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2657, as amended, Bloom.  Environmentally sensitive
  Wildlife habitat  areas: use of anticoagulants.

   Existing law requires the Director of Pesticide Regulation to, by
regulation, designate and establish a list of restricted materials
based upon, among other criteria, hazards related to persistent
residues in the soil resulting ultimately in contamination of the
air, waterways, estuaries, or lakes, with consequent damage to fish,
wild birds, and other wildlife. Existing law requires the director to
control and otherwise regulate the use of restricted materials, as
specified. Existing law requires the Fish and Game Commission and the
Department of Fish and Wildlife to protect and conserve the fish and
wildlife resources of the state by establishing ecological reserves
and by conserving, protecting, restoring, and enhancing any
endangered species or any threatened species and its habitat.
 
   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 the provisions specified above is a misdemeanor.

   This bill would prohibit the use of any  poison,
substance, or product, other than its use as a prescription drug
under the direction of a licensed physician and surgeon, 
 pesticide  that contains one or more of specified
anticoagulants, including brodifacoum and bromadiolone, in 
environmentally sensitive   wildlife habitat  areas
 , as defined  . 
   Because 
    To   the extent the bill would impose additional
duties on county agricultural commissioners, and because  a
violation of this provision would be a  misdemeanor, the bill
would create new crimes, thereby a imposing   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 no reimbursement is required by this
act for a specified reason. 
   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.    Section 12978.7 is added to the 
 Food and Agricultural Code   , to read:  
   12978.7.  (a) 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 or national park, state or federal wildlife refuge, state
conservancy, area designated as critical habitat for a species listed
as threatened or endangered under the California Endangered Species
Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the
Fish and Game Code) or the federal Endangered Species Act of 1973 (16
U.S.C. Sec. 1531 et seq.), and lands that have been designated as
habitat for mitigation purposes or are otherwise protected by a
conservation easement. 
   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. 
  SECTION 1.    Section 12016.5 is added to the Fish
and Game Code, to read:
   12016.5.  (a) The use of any poison, substance, or product, other
than its use as a prescription drug under the direction of a licensed
physician and surgeon, that contains one or more of the following
anticoagulants is prohibited in an environmentally sensitive area.
   (1) Brodifacoum.
   (2) Bromadiolone.
   (3) Difenacoum.
   (4) Difethialone.
   (b) As used in subdivision (a), an "environmentally sensitive area"
has the same meaning as defined in Section 30107.5 of the Public
Resources Code, and includes, but is not limited to, any wetlands,
animal sanctuary, conservancy, state or national park, and any area
or habitat that is protected for any endangered or threatened
species, including animals, birds, fish, and insects. 

  SEC. 2.    No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because the only costs that may be incurred by a local
agency or school district will be incurred because 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.