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.