Pesticides: use of second generation anticoagulant rodenticides.

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, the California Ecosystems Protection Act of 2020, would additionally prohibit the use of any second generation anticoagulant rodenticide, as defined, in this state until the director certifies to the Secretary of State that, among other things, the Department of Pesticide Regulation has completed a reevaluation of second generation anticoagulant rodenticides and the Department of Pesticide Regulation, in consultation with the Department of Fish and Wildlife, has adopted any additional restrictions necessary to ensure that continued use of second generation anticoagulant rodenticides is not reasonably expected to result in significant adverse effects to nontarget wildlife, as provided. The bill would expand the exemption for agricultural activities to include activities conducted in certain locations. The bill would also exempt from its provisions the use of second generation anticoagulant rodenticides in certain locations and under specified conditions, including use by any governmental agency employee for public health activities, use by a mosquito or vector control district to protect the public health, use 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, use to control an actual or potential rodent infestation associated with a public health need, and use for research purposes related to the above-described reevaluation. 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.