Italicized text includes proposed additions to law or
the previous version of the bill. Struck text includes
proposed deletions to law or the previous version of the bill.
INTRODUCED BY Assembly Member Swanson
FEBRUARY 22, 2008
An act to add Section 5765 to the Food and Agricultural Code,
relating to pests.
LEGISLATIVE COUNSEL'S DIGEST
AB
2892, as introduced, Swanson. Pests: eradication: aerial spraying of
pesticide: voter consent. Existing law authorizes the Secretary of Food and
Agriculture, by regulation, to proclaim any area within the state an
eradication area with respect to a pest, prescribe the boundaries of the
area, and name the pest or hosts of the pest that are known to exist within
the area, together with the means or methods which are to be used to
eradicate or control the pest. The secretary is required to notify
specified persons and entities before aerially applying a pesticide to
effect the eradication of a pest if the eradication project is in an urban
area. This bill would require the secretary, if the secretary determines
that it is necessary to apply a pesticide aerially in a proclaimed pest
eradication area that includes an urban area, to first obtain the consent of
2/3 of the registered voters of the affected cities and counties. The bill
would require the secretary to consult with the elections officials of the
affected cities and counties concerning the most appropriate and expedient
manner of conducting an election to obtain the consent. The local elections
officials would be required to proceed with the conduct of the election,
thereby imposing 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, if the Commission on State Mandates determines that the bill
contains costs mandated by the state, reimbursement for those costs shall be
made pursuant to these statutory provisions. 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 5765 is added to the Food and Agricultural Code,
to read: 5765. (a) Notwithstanding any other provision of law, if the
secretary determines that it is necessary to apply a pesticide aerially
in a proclaimed pest eradication area that includes an urban area, the
secretary shall first obtain the consent of two-thirds of the registered
voters of the affected cities and counties in order to be able to conduct
the aerial application. (b) In order to obtain the consent required by
subdivision (a), the secretary shall consult with the elections officials of
the affected cities and counties concerning the most appropriate and
expedient manner of conducting an election, which may include a mail
ballot election, to obtain that consent and the local elections
officials shall proceed with the conduct of that election. SEC. 2. If
the Commission on State Mandates determines that this act contains 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.