Bill Text: CA SB1246 | 2015-2016 | Regular Session | Amended
Bill Title: Pesticides: aerial spraying: notice from aerial pesticide sprayers and mosquito and vector control districts.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-11-30 - From committee without further action. [SB1246 Detail]
Download: California-2015-SB1246-Amended.html
BILL NUMBER: SB 1246 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 5, 2016
INTRODUCED BY Senator Nguyen
FEBRUARY 18, 2016
An act to add Section 12978.5 to the Food and Agricultural Code,
and to add Section 2056 to the Health and Safety Code, relating to
pesticides.
LEGISLATIVE COUNSEL'S DIGEST
SB 1246, as amended, Nguyen. Pesticides: aerial spraying: notice
from aerial pesticide sprayers and mosquito and vector control
districts.
Existing law regulates the use of pesticides and the business of
pest control, and requires a person who operates a pest control
business to be licensed by the Director of Pesticide Regulation and
registered by the county agricultural commissioner. Existing law also
requires a pest control aircraft pilot to be registered with the
Department of Pesticide Regulation. A violation of those provisions
is a misdemeanor.
Existing law separately provides for the formation of mosquito
abatement and vector control districts, and prescribes the powers,
functions, and duties of those districts.
This bill would require pest control operators, pest control
businesses, and mosquito abatement and vector control districts, at
least 7 days before administering pesticides by aircraft or unmanned
aerial vehicle aircraft systems over a
residential area, to notify various people and entities, including,
but not limited to, affected governmental agencies, school districts,
and chambers of commerce. commerce, except
as specified due to the presence of an emergency outbreak
that threatens the public health or other extenuating circumstances
that warrant an immediate response. The bill would specify the
information required to be included in the notice. By imposing
additional duties on local governmental agencies and because a
violation of the bill's provisions relating to pest control operators
and pest control businesses would be a crime, 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 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 that mosquito abatement is a vital
activity for protecting the public health of Californians.
(b) It is the intent of the Legislature to increase public
awareness of government activities, particularly when the government
is involved in spraying pesticides by aircraft over residential
neighborhoods.
SECTION 1. SEC. 2. Section 12978.5
is added to the Food and Agricultural Code, to read:
12978.5. (a) At least seven days before
administering pesticides by aircraft or unmanned aerial
vehicle aircraft systems over a residential
area, a pest control operator or pest control business shall notify
affected governmental agencies, school districts, chambers of
commerce or similar entities, California State Assembly Members,
California State Senators, United States Congressmen, and United
States Senators. The notice shall include all of the following:
(a)
(1) The date and time that the spraying will occur.
(b)
(2) The precise areas in which pesticides will be
administered.
(c)
(3) The type of pesticides being sprayed, identified by
brand name or common chemical name.
(d)
(4) The amount of pesticide to be administered.
(e)
(5) Any precautions associated with the pesticide that
are printed on the pesticide product's label or that are included in
applicable laws or regulations related to the protection of persons
during the application.
(b) Notwithstanding subdivision (a), in the event that a pest
control operator or pest control business is unable to provide
notification seven days before administering pesticides by aircraft
or unmanned aircraft systems over a residential area due to the
presence of an emergency outbreak that threatens the public health or
other extenuating circumstances that warrant an immediate response,
the pest control operator or pest control business may proceed with
the aerial spraying. In that case, the pest control operator or pest
control business shall notify the entities specified in, and in the
manner prescribed in, subdivision (a) anytime after the decision to
administer pesticides has been made but no later than seven days
after the aerial spraying has occurred. The notice shall also include
a summary of the emergency or extenuating circumstance that
prevented the pest control operator or pest control business from
providing the notice within the time required in subdivision (a).
SEC. 2. SEC. 3. Section 2056 is
added to the Health and Safety Code, to read:
2056. (a) At least seven days before
administering pesticides by aircraft or unmanned aerial
vehicle aircraft systems over a residential
area, a district shall notify affected governmental agencies, school
districts, chambers of commerce or similar entities, California State
Assembly Members, California State Senators, United States
Congressmen, and United States Senators. The notice shall include all
of the following:
(a)
(1) The date and time that the spraying will occur.
(b)
(2) The precise areas in which pesticides will be
administered.
(c)
(3) The type of pesticides being sprayed, identified by
brand name or common chemical name.
(d)
(4) The amount of pesticide to be administered.
(e)
(5) Any precautions associated with the pesticide that
are printed on the pesticide product's label or that are included in
applicable laws or regulations related to the protection of persons
during the application.
(b) Notwithstanding subdivision (a), in the event that a district
is unable to provide notification seven days before administering
pesticides by aircraft or unmanned aircraft systems over a
residential area due to the presence of an emergency outbreak that
threatens the public health or other extenuating circumstances that
warrant an immediate response, the district may proceed with the
aerial spraying. In that case, the district shall notify the entities
specified in, and in the manner prescribed in, subdivision (a)
anytime after the decision to administer pesticides has been made but
no later than seven days after the aerial spraying has occurred. The
notice shall also include a summary of the emergency or extenuating
circumstance that prevented the district from providing the notice
within the time required in subdivision (a).
SEC. 3. SEC. 4. 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.
