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AB-3321 Pest control operations: aircraft operations: certificates.(2019-2020)

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Date Published: 05/05/2020 09:00 PM
AB3321:v97#DOCUMENT

Amended  IN  Assembly  May 05, 2020
Amended  IN  Assembly  May 04, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 3321


Introduced by Assembly Member Fong

February 21, 2020


An act to amend Section Sections 11902, 11902.5, 11905, and 11907 of the Food and Agricultural Code, relating to pest control operations.


LEGISLATIVE COUNSEL'S DIGEST


AB 3321, as amended, Fong. Pest control operations: aircraft operations: journeyman’s certificate. certificates.
Existing law makes it unlawful for any person to operate an a manned aircraft in pest control unless the pilot operating the aircraft holds a valid pest control aircraft pilot’s certificate issued by the Director of Pesticide Regulation and an appropriate and valid commercial pilot’s certificate and a current appropriate medical certificate issued by the Federal Aviation Administration. Existing law makes it unlawful for any person to operate an unmanned aircraft system in pest control unless the pilot operating the unmanned aircraft system holds a valid manned pest control aircraft pilot’s certificate or a valid unmanned pest control aircraft pilot’s certificate issued by the director and is certified or otherwise authorized by the Federal Aviation Administration to operate an unmanned aircraft system approved by the Federal Aviation Administration to conduct pest control. Existing law requires each manned pest control aircraft pilot’s certificate to designate the pilot’s status as a journeyman or apprentice, and requires each unmanned pest control aircraft pilot’s certificate to designate the pilot’s status as a journeyman, apprentice, or vector control technician. Existing law requires an applicant for a pest control aircraft pilot’s certificate to pass an examination as a condition of licensure. Existing law also makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. Under existing law, it is unlawful to use any fraud or misrepresentation in connection with meeting and license requirement relating to pest control operations. A violation of this provision is a crime. requires the holder of an apprentice certificate to conduct pest control activities under the direct and personal supervision of a person that holds a journeyman’s certificate.
This bill would, with respect to the unmanned pest control aircraft pilot’s certificate, eliminate the statuses of journeyman and apprentice and would create the status of unmanned aircraft operator. The bill would require an applicant for an unmanned aircraft operator certificate to pass an examination as a condition of licensure. To be eligible for an unmanned aircraft operator certificate, the bill would require a pilot to hold required certification from the Federal Aviation Administration for both agricultural and commercial operations.
Existing law prohibits the issuance of a journeyman’s certificate until the applicant has served as an apprentice under a certificate issued pursuant to these provisions for one year and until the applicant presents to the director satisfactory documentary proof consisting of a declaration or affidavit by the holder of a journeyman’s certificate attesting to the applicant’s performance, under the attesting journeyman’s direct and personal supervision, of not less than 150 hours of operation of fixed-wing aircraft or 50 hours of operation of nonfixed-wing aircraft within the previous 2 calendar years in pest control activities, together with any other evidence as the director may require.
This bill would require a journeyman’s certificate to be issued if the applicant can present to the director satisfactory documentary proof that they performed more than 50 hours of operation of nonfixed-wing aircraft within the previous 2 calendar years in pest control activities in a different state after passing an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control. To
Existing law makes it unlawful for any person to act as a pest control aircraft pilot in any county without first registering with the appropriate county agricultural commissioner. Under existing law, it is unlawful to use any fraud or misrepresentation in connection with meeting any license requirement relating to pest control operations. A violation of this provision is a crime.
To the extent the bill would expand the scope of existing crimes, the 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 no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 11902 of the Food and Agricultural Code is amended to read:

11902.
 (a) Each manned pest control aircraft pilot’s certificate shall designate the manned pest control aircraft pilot’s status as a journeyman or apprentice.
(b) Each unmanned pest control aircraft pilot’s certificate shall designate the unmanned pest control aircraft pilot’s status as a journeyman, apprentice, an unmanned aircraft operator or vector control technician.

SEC. 2.

 Section 11902.5 of the Food and Agricultural Code is amended to read:

11902.5.
 (a) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of vector control technician, a pilot shall be certified by the State Department of Public Health as a vector control technician in the category of mosquito control pursuant to paragraph (1) of subdivision (a) of Section 2052 of the Health and Safety Code.
(b) To be eligible for an unmanned pest control aircraft pilot’s certificate under the status of unmanned aircraft operator, a pilot shall hold required certification from the Federal Aviation Administration for both agricultural and commercial operations consistent with federal law.

SEC. 3.

 Section 11905 of the Food and Agricultural Code is amended to read:

11905.
 Before an initial manned or unmanned certificate is issued, the applicant for an apprentice, journeyman, unmanned aircraft operator, or vector control technician shall pass an examination to demonstrate to the director his or her their ability to legally and safely conduct pest control operations and his or her their knowledge of the nature and effect of materials that are used in pest control.

SECTION 1.SEC. 4.

 Section 11907 of the Food and Agricultural Code is amended to read:

11907.
 (a) A journeyman’s certificate shall not be issued until the applicant has served as an apprentice under a certificate issued pursuant to this chapter for one year and until the applicant presents to the director satisfactory documentary proof consisting of a declaration or affidavit by the holder of a journeyman’s certificate attesting to the applicant’s performance, under the attesting journeyman’s direct and personal supervision, of not less than 150 hours of operation of fixed-wing aircraft or 50 hours of operation of nonfixed-wing aircraft within the previous two calendar years in pest control activities, together with any other evidence as the director may require.
(b) A journeyman’s certificate shall be issued if the applicant can present to the director satisfactory documentary proof that they performed more than 50 hours of operation of nonfixed-wing aircraft within the previous two calendar years in pest control activities in a different state after passing an examination to demonstrate to the director their ability to legally and safely conduct pest control operations and their knowledge of the nature and effect of materials that are used in pest control.

SEC. 2.SEC. 5.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.