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AB-2111 Red imported fire ants.(1999-2000)

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AB2111:v95#DOCUMENT

Passed  IN  Assembly  May 31, 2000
Passed  IN  Senate  August 30, 2000

CALIFORNIA LEGISLATURE— 1999–2000 REGULAR SESSION

Assembly Bill
No. 2111

Introduced  by  Assembly Member Campbell, Correa
 (Coauthor(s): Assembly Member Ackerman, Bates, Battin, Baugh, Bock, Brewer, Cox, Davis, Frusetta, Maddox, Maldonado, Oller, Robert Pacheco, Zettel)
 (Coauthor(s): Senator Johannessen, Lewis, Monteith, Morrow, Poochigian)

February 22, 2000

An act relating to pest control, making an appropriation therefor, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 2111, Campbell. Red imported fire ants.
Existing law generally provides for the control and eradication of pests in the Food and Agricultural Code, as specified. Existing law also provides for the Red Imported Fire Ant Advisory Panel.
This bill would appropriate $5,000,000 from the General Fund to the Department of Food and Agriculture Fund for expenditure by the Department of Food and Agriculture for the purpose of continuing to control and eradicate the infestation of red imported fire ants in this state, as specified.
The bill also would require the department, not later than June 30, 2001, to report to the Legislature outlining its expenditures and setting forth its progress in eradicating the infestation of the red imported fire ant in the state.
The bill would declare that it is to take effect immediately as an urgency statute.
Appropriation: YES  

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


SECTION 1.

 (a) The Legislature hereby finds and declares that the red imported fire ant is known for its aggressive behavior and venomous bite, and can interfere with outdoor activities, and threaten people as well as animals and agriculture. Red imported fire ants have been identified in eight counties and are spreading as indicated by the discovery of new mounds. To date, there have been more than 32 deaths related to red imported fire ants throughout the nation.
(b) Notwithstanding Section 7550.5 of the Government Code, the Department of Food and Agriculture, not later than June 30, 2001, shall report to the Legislature outlining its expenditures and setting forth its progress in eradicating the infestation of the red imported fire ant in California.

SEC. 2.

 The amount of five million dollars ($5,000,000) is hereby appropriated from the General Fund to the Department of Food and Agriculture Fund for expenditure by the Department of Food and Agriculture for the purpose of controlling and eradicating the infestation of the red imported fire ant in this state, as follows:
(a) The funds appropriated pursuant to this section shall be used for those costs that are incurred by the state or by local entities after the effective date of the bill that added this section.
(b) Whenever, in any county, funds are allocated by the Department of Food and Agriculture for local assistance regarding the red imported fire ant, those funds shall be made available to a local public entity, or local public entities, designated by that county’s board of supervisors.
(c) Any funds allocated by the department to a designated local public entity or designated local public entities shall be utilized solely for activities consistent with the local red imported fire ant workplan.
(d) The development and implementation of the local red imported fire ant workplan shall be the responsibility of the designated local public entity. On request, the department shall provide consultation to the local public entity regarding the local red imported fire ant workplan.
(e) The local red imported fire ant workplan developed by the designated local public entity shall include, but is not limited to, all of the following:
(1) In coordination with the department, the development and delivery of public outreach information and training to local communities, groups, and individuals to organize their involvement with the workplan and to raise public awareness regarding the red imported fire ant.
(2) In coordination with the department, the development and delivery of ongoing training of the designated local public entity’s employees in the biology, survey, and treatment of the red imported fire ant.
(3) The identification within the designated local public entity of a local red imported fire ant coordinator.
(4) A survey of locations of the red imported fire ant.
(5) The proposed treatment of the red imported fire ant. If pesticide treatment is proposed, the plan shall identify how the local public entity will comply with applicable laws and regulations regarding the use of pesticides.
(6) In coordination with the department, the development and implementation of a data collection system to track and report red imported fire ant activities.
(7) An annual budget for the workplan.
(f) On an annual basis, while funds appropriated by this section are available for encumbrance, the department shall review the progress of each local public entity’s red imported fire ant activities and, as needed, make recommendations regarding those activities to the local public entity.
(g) Funds appropriated for local assistance shall not be allocated to a local public entity until the local public entity’s red imported fire ant workplan is approved by the department as being consistent with subdivision (e) and, in addition, annually thereafter with recommendations required in subdivision (f).

SEC. 3.

 This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to bring about the control and eradication of the red imported fire ant at the earliest possible time, it is necessary that this act take effect immediately.