BILL NUMBER: AB 2764 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Hancock FEBRUARY 22, 2008 An act to add Section 5765 to the Food and Agricultural Code, relating to pests. LEGISLATIVE COUNSEL'S DIGEST AB 2764, as introduced, Hancock. Pests: eradication: use of pesticide: declaration of state of emergency. Existing law, the California Emergency Services Act, grants the Governor the power to proclaim a state of emergency under certain circumstances. 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 that are to be used to eradicate or control the pest. This bill would prohibit the secretary to undertake or provide for the application of a pesticide in an urban area to effectuate an eradication project unless the Governor has proclaimed a state of emergency. 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 5765 is added to the Food and Agricultural Code, to read: 5765. Notwithstanding any other provision of law, the secretary shall not undertake or provide for the application of a pesticide in an urban area to effectuate an eradication project pursuant to this article unless the Governor has proclaimed a state of emergency pursuant to Section 8625 of the Government Code.