California Senate Bill SB759 Amended / Bill

 BILL NUMBER: SB 759AMENDED BILL TEXT AMENDED IN SENATE MAY 4, 2009 AMENDED IN SENATE APRIL 16, 2009 INTRODUCED BY Senator Leno  (   Coauthor:   Senator   Hancock   )  FEBRUARY 27, 2009 An act to add Sections 105206 and 105207 to the Health and Safety Code, relating to public health. LEGISLATIVE COUNSEL'S DIGEST SB 759, as amended, Leno. Federal state of emergency: aerial spraying of pesticide: inert ingredients: information. Existing law establishes various programs for the prevention of disease and the promotion of health to be administered by the State Department of Public Health, including, but not limited to, programs relating to the reporting of pesticide poisoning. Existing law establishes a program under the jurisdiction of the Department of Food and Agriculture for invasive pest planning, including, but not limited to, invasive pest eradication through aerial spraying of urban areas. This bill would, in the event of aerial spraying of a pesticide as a result of a state of emergency declared   an emergency exemption from registration pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or a Federal Domestic   Quarantine Order issued  by the United States Department of Agriculture, prohibit the use of a pesticide in aerial application within or near residential or sensitive  areas   sites, as specified,  where humans are likely to become exposed to the pesticide unless the manufacturer of the pesticide has previously and voluntarily made the complete ingredient list, including, but not limited to, all inert ingredients,  as defined,  available to the Office of Environmental Health Hazard Assessment. The bill would require the director to provide a complete list of all ingredients to specified officials and care providers, and would require the director to seek federal reimbursement for all state costs associated with the emergency, as permitted by federal law. This bill would declare that its provisions are severable, and that if any provision or its application is held invalid, the invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 105206 is added to the Health and Safety Code, to read: 105206. The Legislature finds and declares that in order to better diagnose and treat illnesses caused by, or related to, human exposure to toxins through the aerial application of pesticides, county agricultural commissioners, medical associations, health departments, and health care professionals responsible for the diagnosis and treatment of pesticide poisoning should be aware of all ingredients, including, but not limited to, inert ingredients, in pesticides that are authorized for aerial application in the state. SEC. 2. Section 105207 is added to the Health and Safety Code, to read: 105207. (a) In the event of  aerial spraying of a pesticide as a result of a state of emergency declared   an emergency exemption from registration pursuant to Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), or a Federal Domestic Quarantine Order issued  by the United States Department of Agriculture,  or in the event that the United States Department of Agriculture declares an extraordinary emergency,  no pesticide shall be used in aerial application within or near residential or  known  sensitive  areas   sites, including, but not limited to, schools, hospitals, day care centers, senior citizen centers, residential care homes, and farm labor camps  within this state where humans are likely to become exposed to the pesticide unless the manufacturer of the pesticide has previously and voluntarily made the complete ingredient list, including, but not limited to, all inert ingredients, available to the Office of Environmental Health Hazard Assessment. (b) In the event of  aerial spraying of a pesticide as a result of a state of emergency declared   an   emergency exemption from registration pursuant to FIFRA, or a Federal Domestic Quarantine Order issued  by the United States Department of Agriculture,  or in the event that the United States Department of Agriculture declares an extraordinary emergency,  the Director of Environmental Health Hazard Assessment shall, for each pesticide authorized for aerial application, provide a complete list of all ingredients, including, but not limited to, all inert ingredients, to local agricultural and health officials in each county under a state of emergency, including, but not limited to, county agricultural commissioners, local emergency rooms, health care providers, health clinics, hospitals, medical associations, school nurses, and veterinarians. (c) The Director of Environmental Health Hazard Assessment shall seek federal reimbursement for all state costs associated with the emergency as permitted by federal law.  (d) For the purposes of this section, "inert ingredient" has the same meaning as set forth in FIFRA.   (d)   (e)  The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.