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| 1 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1689Introduced by Assembly Member FongJanuary 24, 2022 An act to amend Sections 11901, 11902, 11902.5, and 11905 of the Food and Agricultural Code, relating to pest control operations.LEGISLATIVE COUNSEL'S DIGESTAB 1689, as introduced, Fong. Pest control operations: aircraft operations: certificates.Existing law makes it unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control.This bill would require that the pilot operating the unmanned aircraft system holds a valid manned or unmanned pest control aircraft pilots certificate issued by the director, and meets the requirements for a vector control technician certificate or an unmanned aircraft operator certificate, as specified.Existing law requires each unmanned pest control aircraft pilots certificate to designate the pilots status as a journeyman, apprentice, or vector control technician. This bill would, with respect to the unmanned pest control aircraft pilots certificate, eliminate the statuses of journeyman and apprentice and would create the status of unmanned aircraft operator. To be eligible for an unmanned aircraft operator certificate, the bill would require a pilot to hold required certification from the Federal Aviation Administration for both agricultural and commercial operations.Existing law requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. This bill would require an applicant for an unmanned aircraft operator certificate to pass an examination as a condition of licensure.Existing law makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. Under existing law, it is unlawful to use any fraud or misrepresentation in connection with meeting any license requirement relating to pest control operations. A violation of this provision is a crime.To the extent the bill would expand the scope of existing 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 11901 of the Food and Agricultural Code is amended to read:11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5.SEC. 2. Section 11902 of the Food and Agricultural Code is amended to read:11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician.SEC. 3. Section 11902.5 of the Food and Agricultural Code is amended to read:11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law.SEC. 4. Section 11905 of the Food and Agricultural Code is amended to read:11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
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| 3 | + | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Assembly Bill No. 1689Introduced by Assembly Member FongJanuary 24, 2022 An act to amend Sections 11901, 11902, 11902.5, and 11905 of the Food and Agricultural Code, relating to pest control operations.LEGISLATIVE COUNSEL'S DIGESTAB 1689, as introduced, Fong. Pest control operations: aircraft operations: certificates.Existing law makes it unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control.This bill would require that the pilot operating the unmanned aircraft system holds a valid manned or unmanned pest control aircraft pilots certificate issued by the director, and meets the requirements for a vector control technician certificate or an unmanned aircraft operator certificate, as specified.Existing law requires each unmanned pest control aircraft pilots certificate to designate the pilots status as a journeyman, apprentice, or vector control technician. This bill would, with respect to the unmanned pest control aircraft pilots certificate, eliminate the statuses of journeyman and apprentice and would create the status of unmanned aircraft operator. To be eligible for an unmanned aircraft operator certificate, the bill would require a pilot to hold required certification from the Federal Aviation Administration for both agricultural and commercial operations.Existing law requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. This bill would require an applicant for an unmanned aircraft operator certificate to pass an examination as a condition of licensure.Existing law makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. Under existing law, it is unlawful to use any fraud or misrepresentation in connection with meeting any license requirement relating to pest control operations. A violation of this provision is a crime.To the extent the bill would expand the scope of existing 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.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES | |
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| 5 | - | Amended IN Assembly March 30, 2022 | |
| 6 | 5 | ||
| 7 | - | Amended IN Assembly March 30, 2022 | |
| 6 | + | ||
| 7 | + | ||
| 8 | 8 | ||
| 9 | 9 | CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION | |
| 10 | 10 | ||
| 11 | 11 | Assembly Bill | |
| 12 | 12 | ||
| 13 | 13 | No. 1689 | |
| 14 | 14 | ||
| 15 | 15 | Introduced by Assembly Member FongJanuary 24, 2022 | |
| 16 | 16 | ||
| 17 | 17 | Introduced by Assembly Member Fong | |
| 18 | 18 | January 24, 2022 | |
| 19 | 19 | ||
| 20 | - | An act to amend Sections 11901, 11902, 11902.5, and 11905 of | |
| 20 | + | An act to amend Sections 11901, 11902, 11902.5, and 11905 of the Food and Agricultural Code, relating to pest control operations. | |
| 21 | 21 | ||
| 22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
| 23 | 23 | ||
| 24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
| 25 | 25 | ||
| 26 | - | AB 1689, as | |
| 26 | + | AB 1689, as introduced, Fong. Pest control operations: aircraft operations: certificates. | |
| 27 | 27 | ||
| 28 | - | Existing law makes it unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control.This bill would require that the | |
| 28 | + | Existing law makes it unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control.This bill would require that the pilot operating the unmanned aircraft system holds a valid manned or unmanned pest control aircraft pilots certificate issued by the director, and meets the requirements for a vector control technician certificate or an unmanned aircraft operator certificate, as specified.Existing law requires each unmanned pest control aircraft pilots certificate to designate the pilots status as a journeyman, apprentice, or vector control technician. This bill would, with respect to the unmanned pest control aircraft pilots certificate, eliminate the statuses of journeyman and apprentice and would create the status of unmanned aircraft operator. To be eligible for an unmanned aircraft operator certificate, the bill would require a pilot to hold required certification from the Federal Aviation Administration for both agricultural and commercial operations.Existing law requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. This bill would require an applicant for an unmanned aircraft operator certificate to pass an examination as a condition of licensure.Existing law makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. Under existing law, it is unlawful to use any fraud or misrepresentation in connection with meeting any license requirement relating to pest control operations. A violation of this provision is a crime.To the extent the bill would expand the scope of existing 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. | |
| 29 | 29 | ||
| 30 | 30 | Existing law makes it unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the Director of Pesticide Regulation and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. | |
| 31 | 31 | ||
| 32 | - | This bill would require that the | |
| 32 | + | This bill would require that the pilot operating the unmanned aircraft system holds a valid manned or unmanned pest control aircraft pilots certificate issued by the director, and meets the requirements for a vector control technician certificate or an unmanned aircraft operator certificate, as specified. | |
| 33 | 33 | ||
| 34 | - | Existing law requires each unmanned pest control aircraft pilots certificate to designate the pilots status as a journeyman, apprentice, or vector control technician. | |
| 34 | + | Existing law requires each unmanned pest control aircraft pilots certificate to designate the pilots status as a journeyman, apprentice, or vector control technician. | |
| 35 | 35 | ||
| 36 | - | This bill would, with respect to the unmanned pest control aircraft pilots certificate, eliminate the statuses of journeyman and apprentice and would | |
| 36 | + | This bill would, with respect to the unmanned pest control aircraft pilots certificate, eliminate the statuses of journeyman and apprentice and would create the status of unmanned aircraft operator. To be eligible for an unmanned aircraft operator certificate, the bill would require a pilot to hold required certification from the Federal Aviation Administration for both agricultural and commercial operations. | |
| 37 | 37 | ||
| 38 | 38 | Existing law requires an applicant for a pest control aircraft pilots certificate to pass an examination as a condition of licensure. | |
| 39 | 39 | ||
| 40 | - | ||
| 41 | - | ||
| 42 | 40 | This bill would require an applicant for an unmanned aircraft operator certificate to pass an examination as a condition of licensure. | |
| 43 | - | ||
| 44 | - | ||
| 45 | - | ||
| 46 | - | Existing law governs pest control operations in this state in order to, among other stated purposes, protect public health and safety and protect the environment. Existing law establishes the Department of Pesticide Regulation within the California Environmental Protection Agency, under the control of the director, to administer these provisions. Existing law requires the director to adopt regulations that govern the conduct of the business of pest control. Existing law makes it unlawful for any person to act in a supervisory capacity or position for a pest control business unless the person has a qualified applicator license, except as provided. | |
| 47 | - | ||
| 48 | - | This bill would require a qualified applicator license for an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide. The bill would require an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide under a qualified applicator license to comply with specified requirements. The bill would require the application of a pesticide, fungicide, or herbicide by an unmanned pest control aircraft to be made according to the label instructions and would require labeling instructions issued by the department to be in compliance with any federal labeling issued pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act. | |
| 49 | 41 | ||
| 50 | 42 | Existing law makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. Under existing law, it is unlawful to use any fraud or misrepresentation in connection with meeting any license requirement relating to pest control operations. A violation of this provision is a crime. | |
| 51 | 43 | ||
| 52 | 44 | To the extent the bill would expand the scope of existing crimes, the bill would impose a state-mandated local program. | |
| 53 | 45 | ||
| 54 | 46 | 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. | |
| 55 | 47 | ||
| 56 | 48 | This bill would provide that no reimbursement is required by this act for a specified reason. | |
| 57 | 49 | ||
| 58 | 50 | ## Digest Key | |
| 59 | 51 | ||
| 60 | 52 | ## Bill Text | |
| 61 | 53 | ||
| 62 | - | The people of the State of California do enact as follows:SECTION 1. Section 11901 of the Food and Agricultural Code is amended to read:11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and meets the requirements of Section 11902.5.SEC. 2. Section 11902 of the Food and Agricultural Code is amended to read:11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as an unmanned aircraft operator or vector control technician.SEC. 3. Section 11902.5 of the Food and Agricultural Code is amended to read:11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required | |
| 54 | + | The people of the State of California do enact as follows:SECTION 1. Section 11901 of the Food and Agricultural Code is amended to read:11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5.SEC. 2. Section 11902 of the Food and Agricultural Code is amended to read:11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician.SEC. 3. Section 11902.5 of the Food and Agricultural Code is amended to read:11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law.SEC. 4. Section 11905 of the Food and Agricultural Code is amended to read:11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 63 | 55 | ||
| 64 | 56 | The people of the State of California do enact as follows: | |
| 65 | 57 | ||
| 66 | 58 | ## The people of the State of California do enact as follows: | |
| 67 | 59 | ||
| 68 | - | SECTION 1. Section 11901 of the Food and Agricultural Code is amended to read:11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and meets the requirements of Section 11902.5. | |
| 60 | + | SECTION 1. Section 11901 of the Food and Agricultural Code is amended to read:11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5. | |
| 69 | 61 | ||
| 70 | 62 | SECTION 1. Section 11901 of the Food and Agricultural Code is amended to read: | |
| 71 | 63 | ||
| 72 | 64 | ### SECTION 1. | |
| 73 | 65 | ||
| 74 | - | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and meets the requirements of Section 11902.5. | |
| 66 | + | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5. | |
| 75 | 67 | ||
| 76 | - | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and meets the requirements of Section 11902.5. | |
| 68 | + | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5. | |
| 77 | 69 | ||
| 78 | - | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and meets the requirements of Section 11902.5. | |
| 70 | + | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration.(b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5. | |
| 79 | 71 | ||
| 80 | 72 | ||
| 81 | 73 | ||
| 82 | 74 | 11901. (a) It is unlawful for any person to operate a manned aircraft in pest control unless the pilot operating the aircraft holds a valid manned pest control aircraft pilots certificate issued by the director and an appropriate and valid commercial pilots certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. | |
| 83 | 75 | ||
| 84 | - | (b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and meets the requirements of Section 11902.5. | |
| 76 | + | (b) It is unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilots certificate or a valid unmanned pest control aircraft pilots certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. meets the requirements of Section 11902.5. | |
| 85 | 77 | ||
| 86 | - | SEC. 2. Section 11902 of the Food and Agricultural Code is amended to read:11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as an unmanned aircraft operator or vector control technician. | |
| 78 | + | SEC. 2. Section 11902 of the Food and Agricultural Code is amended to read:11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician. | |
| 87 | 79 | ||
| 88 | 80 | SEC. 2. Section 11902 of the Food and Agricultural Code is amended to read: | |
| 89 | 81 | ||
| 90 | 82 | ### SEC. 2. | |
| 91 | 83 | ||
| 92 | - | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as an unmanned aircraft operator or vector control technician. | |
| 84 | + | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician. | |
| 93 | 85 | ||
| 94 | - | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as an unmanned aircraft operator or vector control technician. | |
| 86 | + | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician. | |
| 95 | 87 | ||
| 96 | - | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as an unmanned aircraft operator or vector control technician. | |
| 88 | + | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice.(b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician. | |
| 97 | 89 | ||
| 98 | 90 | ||
| 99 | 91 | ||
| 100 | 92 | 11902. (a) Each manned pest control aircraft pilots certificate shall designate the manned pest control aircraft pilots status as a journeyman or apprentice. | |
| 101 | 93 | ||
| 102 | - | (b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as an unmanned aircraft operator or vector control technician. | |
| 94 | + | (b) Each unmanned pest control aircraft pilots certificate shall designate the unmanned pest control aircraft pilots status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician. | |
| 103 | 95 | ||
| 104 | - | SEC. 3. Section 11902.5 of the Food and Agricultural Code is amended to read:11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required | |
| 96 | + | SEC. 3. Section 11902.5 of the Food and Agricultural Code is amended to read:11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law. | |
| 105 | 97 | ||
| 106 | 98 | SEC. 3. Section 11902.5 of the Food and Agricultural Code is amended to read: | |
| 107 | 99 | ||
| 108 | 100 | ### SEC. 3. | |
| 109 | 101 | ||
| 110 | - | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required | |
| 102 | + | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law. | |
| 111 | 103 | ||
| 112 | - | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required | |
| 104 | + | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law. | |
| 113 | 105 | ||
| 114 | - | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required | |
| 106 | + | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.(b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law. | |
| 115 | 107 | ||
| 116 | 108 | ||
| 117 | 109 | ||
| 118 | 110 | 11902.5. (a) To be eligible for an unmanned pest control aircraft pilots certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code. | |
| 119 | 111 | ||
| 120 | - | (b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required | |
| 112 | + | (b) To be eligible for an unmanned pest control aircraft pilots certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law. | |
| 121 | 113 | ||
| 122 | - | SEC. 4. Section 11905 of the Food and Agricultural Code is amended to read:11905. (a) Before an initial manned certificate is issued, the applicant for apprentice or journeyman shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 114 | + | SEC. 4. Section 11905 of the Food and Agricultural Code is amended to read:11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 123 | 115 | ||
| 124 | 116 | SEC. 4. Section 11905 of the Food and Agricultural Code is amended to read: | |
| 125 | 117 | ||
| 126 | 118 | ### SEC. 4. | |
| 127 | 119 | ||
| 128 | - | 11905. (a) Before an initial manned certificate is issued, the applicant for apprentice or journeyman shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 120 | + | 11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 129 | 121 | ||
| 130 | - | 11905. (a) Before an initial manned certificate is issued, the applicant for apprentice or journeyman shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 122 | + | 11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 131 | 123 | ||
| 132 | - | 11905. (a) Before an initial manned certificate is issued, the applicant for apprentice or journeyman shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 124 | + | 11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.(b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 133 | 125 | ||
| 134 | 126 | ||
| 135 | 127 | ||
| 136 | - | 11905. (a) Before an initial manned certificate is issued, the applicant for apprentice or journeyman shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 128 | + | 11905. (a) Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, or vector control technician apprentice or journeyman shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control. | |
| 137 | 129 | ||
| 138 | 130 | (b) Before an initial unmanned certificate is issued, the applicant for unmanned aircraft operator or for vector control technician shall pass an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. | |
| 139 | 131 | ||
| 140 | - | SEC. 5. | |
| 132 | + | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 141 | 133 | ||
| 142 | - | SEC. 5. Section 11912 is added to the Food and Agricultural Code, to read: | |
| 134 | + | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 135 | + | ||
| 136 | + | SEC. 5. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 143 | 137 | ||
| 144 | 138 | ### SEC. 5. | |
| 145 | - | ||
| 146 | - | 11912. (a) A qualified applicator license shall be required for an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide.(b) An unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide under a qualified applicator license shall comply with all of the following:(1) All operations shall be conducted in accordance with a Certificate of Waiver or Authorization (COA) issued by the Air Traffic Organization of the Federal Aviation Administration (FAA). An unmanned aircraft operator shall apply for a new or amended COA if they intend to conduct operations that cannot be conducted under the terms of the existing COA.(2) An unmanned aircraft operator shall file a Notice to Air Missions with the FAA not more than 72 hours in advance of each operation, but not less than 48 hours before each operation.(3) All operations shall not exceed 200 feet above ground level (AGL) unless the COA or a subsequently issued Federal Aviation Administration authorization specifies an altitude restriction lower than 200 feet AGL. Altitude shall be reported to the FAA in feet AGL.(c) The application of a pesticide, fungicide, or herbicide by an unmanned pest control aircraft shall be made according to the label instructions. Labeling instructions issued by the Department of Pesticide Regulation shall be in compliance with any federal labeling issued pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). | |
| 147 | - | ||
| 148 | - | 11912. (a) A qualified applicator license shall be required for an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide.(b) An unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide under a qualified applicator license shall comply with all of the following:(1) All operations shall be conducted in accordance with a Certificate of Waiver or Authorization (COA) issued by the Air Traffic Organization of the Federal Aviation Administration (FAA). An unmanned aircraft operator shall apply for a new or amended COA if they intend to conduct operations that cannot be conducted under the terms of the existing COA.(2) An unmanned aircraft operator shall file a Notice to Air Missions with the FAA not more than 72 hours in advance of each operation, but not less than 48 hours before each operation.(3) All operations shall not exceed 200 feet above ground level (AGL) unless the COA or a subsequently issued Federal Aviation Administration authorization specifies an altitude restriction lower than 200 feet AGL. Altitude shall be reported to the FAA in feet AGL.(c) The application of a pesticide, fungicide, or herbicide by an unmanned pest control aircraft shall be made according to the label instructions. Labeling instructions issued by the Department of Pesticide Regulation shall be in compliance with any federal labeling issued pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). | |
| 149 | - | ||
| 150 | - | 11912. (a) A qualified applicator license shall be required for an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide.(b) An unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide under a qualified applicator license shall comply with all of the following:(1) All operations shall be conducted in accordance with a Certificate of Waiver or Authorization (COA) issued by the Air Traffic Organization of the Federal Aviation Administration (FAA). An unmanned aircraft operator shall apply for a new or amended COA if they intend to conduct operations that cannot be conducted under the terms of the existing COA.(2) An unmanned aircraft operator shall file a Notice to Air Missions with the FAA not more than 72 hours in advance of each operation, but not less than 48 hours before each operation.(3) All operations shall not exceed 200 feet above ground level (AGL) unless the COA or a subsequently issued Federal Aviation Administration authorization specifies an altitude restriction lower than 200 feet AGL. Altitude shall be reported to the FAA in feet AGL.(c) The application of a pesticide, fungicide, or herbicide by an unmanned pest control aircraft shall be made according to the label instructions. Labeling instructions issued by the Department of Pesticide Regulation shall be in compliance with any federal labeling issued pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). | |
| 151 | - | ||
| 152 | - | ||
| 153 | - | ||
| 154 | - | 11912. (a) A qualified applicator license shall be required for an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide. | |
| 155 | - | ||
| 156 | - | (b) An unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide under a qualified applicator license shall comply with all of the following: | |
| 157 | - | ||
| 158 | - | (1) All operations shall be conducted in accordance with a Certificate of Waiver or Authorization (COA) issued by the Air Traffic Organization of the Federal Aviation Administration (FAA). An unmanned aircraft operator shall apply for a new or amended COA if they intend to conduct operations that cannot be conducted under the terms of the existing COA. | |
| 159 | - | ||
| 160 | - | (2) An unmanned aircraft operator shall file a Notice to Air Missions with the FAA not more than 72 hours in advance of each operation, but not less than 48 hours before each operation. | |
| 161 | - | ||
| 162 | - | (3) All operations shall not exceed 200 feet above ground level (AGL) unless the COA or a subsequently issued Federal Aviation Administration authorization specifies an altitude restriction lower than 200 feet AGL. Altitude shall be reported to the FAA in feet AGL. | |
| 163 | - | ||
| 164 | - | (c) The application of a pesticide, fungicide, or herbicide by an unmanned pest control aircraft shall be made according to the label instructions. Labeling instructions issued by the Department of Pesticide Regulation shall be in compliance with any federal labeling issued pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.). | |
| 165 | - | ||
| 166 | - | SEC. 5.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 167 | - | ||
| 168 | - | SEC. 5.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 169 | - | ||
| 170 | - | SEC. 5.SEC. 6. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB 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 XIIIB of the California Constitution. | |
| 171 | - | ||
| 172 | - | ### SEC. 5.SEC. 6. |