Bill Text: CA AB622 | 2009-2010 | Regular Session | Amended

California Assembly Bill 622 (Prior Session Legislation)

Bill Title: Pesticides: aerial application.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB622 Detail]

Download: California-2009-AB622-Amended.html

BILL NUMBER: AB 622	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  SEPTEMBER 2, 2009
	AMENDED IN ASSEMBLY  MARCH 23, 2009

INTRODUCED BY   Assembly Member Swanson

                        FEBRUARY 25, 2009

   An act to add Section 12979.1 to the Food and Agricultural Code,
relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 622, as amended, Swanson. Pesticides: aerial application.
   Existing law requires the registration of pesticides, prohibits
certain uses of pesticides, and authorizes the Director of Pesticide
Regulation to adopt regulations to govern the possession, sale, or
use of pesticides, as provided. 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, and requires pesticide
applications on public property which take place on school grounds,
parks, or other public rights-of-way where public exposure is
foreseeable to be posted with warning signs.
   This bill would require, with respect to aerial applications of a
pesticide, the observance of a safety zone of no less than 3.3 miles
from the aerial application for residential areas, including known
sensitive sites  , as specified.   The bill would exempt
from these provisions the State Department of Public Health, local
vector control agencies, and mosquito abatement and vector control
districts, as provided  .
   Under existing law, a violation of the provisions of this bill
would be a crime, as specified. Because this bill would create new
crimes, the 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.
   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 12979.1 is added to the Food and Agricultural
Code, to read:
   12979.1.   (a) This section shall be known, and may be 
cited as,   cited, as  the Clean Air for Children,
Seniors, and Working Families Act.
   (b) For aerial applications of a pesticide, a safety zone of no
less than three and three tenths miles from the aerial application,
including drift, shall be observed for residential areas and known
sensitive sites such as schools, hospitals, day care centers, senior
citizen centers, residential care homes, and farm labor camps. 
   (c) This section does not apply to the following:  
   (1) The State Department of Public Health and local vector control
agencies providing services in accordance with Section 116180 of the
Health and Safety Code.  
   (2) Mosquito abatement and vector control districts authorized
under Chapter 1 (commencing with Section 2000) of Division 3 of the
Health and Safety Code. 
  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.