California 2023 2023-2024 Regular Session

California Assembly Bill AB99 Introduced / Bill

Filed 01/09/2023

                    CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 99Introduced by Assembly Member ConnollyJanuary 09, 2023 An act to add Section 98 to the Streets and Highways Code, relating to state highways. LEGISLATIVE COUNSEL'S DIGESTAB 99, as introduced, Connolly. State highways: vegetation management: herbicides and pesticides.Existing law vests the Department of Transportation with possession and control of the state highway system and associated property. Existing law prohibits each state agency that has responsibility for roadside vegetation control operations on, or along, a roadway, including a state highway, from conducting a roadside vegetation control operation on a portion of the roadway for which a property owner has made a request for information related to the roadside vegetation control operation until certain conditions are satisfied, as specified.This bill would require the department to develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except where no alternative vegetation management practice is feasible or during a state of emergency relating to wildfire if the spraying is solely for purposes of preventing, combating, or mitigating the risk of wildfire. The bill would require the department, in developing that policy, to consider implementing alternative vegetation management practices, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 98 is added to the Streets and Highways Code, to read:98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).(2) The policy shall not apply in either of the following circumstances:(A) Where no alternative vegetation management practice is feasible.(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:(1) Using organic pesticides.(2) Mulching.(3) Tarping.(4) Improving irrigation systems.(5) Altering landscape designs.(6) Using compost tea and turf aeration.

 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 99Introduced by Assembly Member ConnollyJanuary 09, 2023 An act to add Section 98 to the Streets and Highways Code, relating to state highways. LEGISLATIVE COUNSEL'S DIGESTAB 99, as introduced, Connolly. State highways: vegetation management: herbicides and pesticides.Existing law vests the Department of Transportation with possession and control of the state highway system and associated property. Existing law prohibits each state agency that has responsibility for roadside vegetation control operations on, or along, a roadway, including a state highway, from conducting a roadside vegetation control operation on a portion of the roadway for which a property owner has made a request for information related to the roadside vegetation control operation until certain conditions are satisfied, as specified.This bill would require the department to develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except where no alternative vegetation management practice is feasible or during a state of emergency relating to wildfire if the spraying is solely for purposes of preventing, combating, or mitigating the risk of wildfire. The bill would require the department, in developing that policy, to consider implementing alternative vegetation management practices, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION

 Assembly Bill 

No. 99

Introduced by Assembly Member ConnollyJanuary 09, 2023

Introduced by Assembly Member Connolly
January 09, 2023

 An act to add Section 98 to the Streets and Highways Code, relating to state highways. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 99, as introduced, Connolly. State highways: vegetation management: herbicides and pesticides.

Existing law vests the Department of Transportation with possession and control of the state highway system and associated property. Existing law prohibits each state agency that has responsibility for roadside vegetation control operations on, or along, a roadway, including a state highway, from conducting a roadside vegetation control operation on a portion of the roadway for which a property owner has made a request for information related to the roadside vegetation control operation until certain conditions are satisfied, as specified.This bill would require the department to develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except where no alternative vegetation management practice is feasible or during a state of emergency relating to wildfire if the spraying is solely for purposes of preventing, combating, or mitigating the risk of wildfire. The bill would require the department, in developing that policy, to consider implementing alternative vegetation management practices, as specified.

Existing law vests the Department of Transportation with possession and control of the state highway system and associated property. Existing law prohibits each state agency that has responsibility for roadside vegetation control operations on, or along, a roadway, including a state highway, from conducting a roadside vegetation control operation on a portion of the roadway for which a property owner has made a request for information related to the roadside vegetation control operation until certain conditions are satisfied, as specified.

This bill would require the department to develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except where no alternative vegetation management practice is feasible or during a state of emergency relating to wildfire if the spraying is solely for purposes of preventing, combating, or mitigating the risk of wildfire. The bill would require the department, in developing that policy, to consider implementing alternative vegetation management practices, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 98 is added to the Streets and Highways Code, to read:98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).(2) The policy shall not apply in either of the following circumstances:(A) Where no alternative vegetation management practice is feasible.(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:(1) Using organic pesticides.(2) Mulching.(3) Tarping.(4) Improving irrigation systems.(5) Altering landscape designs.(6) Using compost tea and turf aeration.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 98 is added to the Streets and Highways Code, to read:98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).(2) The policy shall not apply in either of the following circumstances:(A) Where no alternative vegetation management practice is feasible.(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:(1) Using organic pesticides.(2) Mulching.(3) Tarping.(4) Improving irrigation systems.(5) Altering landscape designs.(6) Using compost tea and turf aeration.

SECTION 1. Section 98 is added to the Streets and Highways Code, to read:

### SECTION 1.

98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).(2) The policy shall not apply in either of the following circumstances:(A) Where no alternative vegetation management practice is feasible.(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:(1) Using organic pesticides.(2) Mulching.(3) Tarping.(4) Improving irrigation systems.(5) Altering landscape designs.(6) Using compost tea and turf aeration.

98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).(2) The policy shall not apply in either of the following circumstances:(A) Where no alternative vegetation management practice is feasible.(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:(1) Using organic pesticides.(2) Mulching.(3) Tarping.(4) Improving irrigation systems.(5) Altering landscape designs.(6) Using compost tea and turf aeration.

98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).(2) The policy shall not apply in either of the following circumstances:(A) Where no alternative vegetation management practice is feasible.(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:(1) Using organic pesticides.(2) Mulching.(3) Tarping.(4) Improving irrigation systems.(5) Altering landscape designs.(6) Using compost tea and turf aeration.



98. (a) (1) The department shall develop and adopt a statewide policy to discontinue roadside spraying of herbicides and synthetic pesticides in each county where the county board of supervisors has adopted a resolution that opposes the spraying of herbicides and synthetic pesticides in the county, except as specified in paragraph (2).

(2) The policy shall not apply in either of the following circumstances:

(A) Where no alternative vegetation management practice is feasible.

(B) During a state of emergency, as defined in Section 8558 of the Government Code, relating to wildfire if the roadside spraying of herbicides and synthetic pesticides is being performed solely for purposes of preventing, combating, or mitigating the risk of wildfire.

(b) In developing the policy pursuant to subdivision (a), the department shall consider implementing alternative vegetation management practices, including, but not limited to, all of the following:

(1) Using organic pesticides.

(2) Mulching.

(3) Tarping.

(4) Improving irrigation systems.

(5) Altering landscape designs.

(6) Using compost tea and turf aeration.