(1) Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of any pesticide, as prescribed. Existing law prohibits the use of any pesticide that contains one or more of specified anticoagulants in wildlife habitat areas, as defined. Existing law exempts from this prohibition the use of these pesticides for agricultural activities, as defined. Existing law requires the director, and each county agricultural commissioner under the direction and supervision of the director, to enforce the provisions regulating the use of pesticides. A violation of these provisions is a misdemeanor.
This bill would create the California Ecosystems Protection Act of 2019 and expand this prohibition against the use of a pesticide containing specified anticoagulants in wildlife habitat areas to the entire state. The bill would expand the exemption for agricultural activities to include activities conducted in certain locations and would also exempt from its provisions the use of pesticides by any governmental agency employee who uses pesticides for public health activities, a mosquito or vector control district that uses pesticides to protect the public health, and the use of any pesticide or rodenticide used for the eradication of nonnative invasive species inhabiting or found to be present on offshore islands in a manner that is consistent with all otherwise applicable federal and state laws and regulations.
(2) Existing law provides that the above-described provisions do not preempt or supersede any federal statute or the authority of any federal agency.
This bill would additionally provide that these provisions do not preempt or supersede special local need or emergency exemptions for the use of pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act.
(3) The bill would also prohibit the use of any pesticide that contains one or more specifically identified anticoagulants on state-owned property.
(4) By imposing additional duties on county agricultural commissioners, and expanding the definition of a crime, this 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.

Statutes affected:
AB1788: 12978.7 FAC
02/22/19 - Introduced: 12978.7 FAC
03/19/19 - Amended Assembly: 12978.7 FAC
04/02/19 - Amended Assembly: 12978.7 FAC
06/24/19 - Amended Senate: 12978.7 FAC