Bill Text: CA SB1246 | 2015-2016 | Regular Session | Introduced

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

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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-Introduced.html

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BILL NUMBER: SB 1246	INTRODUCED
	BILL TEXT


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 introduced, 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 over a residential area, to notify various people and
entities, including, but not limited to, affected governmental
agencies, school districts, and chambers of commerce. 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.  Section 12978.5 is added to the Food and Agricultural
Code, to read:
   12978.5.  At least seven days before administering pesticides by
aircraft or unmanned aerial vehicle 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) The date and time that the spraying will occur.
   (b) The precise areas in which pesticides will be administered.
   (c) The type of pesticides being sprayed, identified by brand name
or common chemical name.
   (d) The amount of pesticide to be administered.
   (e) 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.
  SEC. 2.  Section 2056 is added to the Health and Safety Code, to
read:
   2056.  At least seven days before administering pesticides by
aircraft or unmanned aerial vehicle 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) The date and time that the spraying will occur.
   (b) The precise areas in which pesticides will be administered.
   (c) The type of pesticides being sprayed, identified by brand name
or common chemical name.
   (d) The amount of pesticide to be administered.
   (e) 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.
  SEC. 3.  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.