California 2009-2010 Regular Session Status: Passed Assembly

AB 2595 — Irrigated agriculture: pesticide use: operator identification number: water quality: waste discharge requirements.

Last action — Died on Senate inactive file.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law regulates pesticide use and requires a pesticide use report to be submitted to the county agricultural commissioner or the Director of Pesticide Regulation, as specified, for use in the setting of priorities for, among other things, pesticide use enforcement and pest control research, environmental monitoring, and public health monitoring and research. Existing regulations provide that prior to the purchase or use of pesticides for the production of an agricultural commodity, the operator of the property, as defined, or the operator's authorized representative, shall obtain an operator identification number for pesticide use from the county agricultural commissioner of each county where pest control work will be performed. This bill would codify that requirement relating to the operator identification number and, on and after January 1, 2012, would require the county agricultural commissioner to withhold the issuance of an operator identification number for pesticide use if, pursuant to a notice transmitted by the State Water Resources Control Board or a California regional water quality control board, an operator of the property is found to be in violation of specified water quality requirements after the exhaustion of all administrative proceedings and appeals. The bill would authorize a county agricultural commissioner to levy a specified civil penalty on an operator who obtains an operator identification number by means of fraud. By imposing new requirements on county agricultural commissioners, this bill would impose a state-mandated local program. Existing law, the Porter-Cologne Water Quality Control Act, requires the State Water Resources Control Board (state board) and a California regional water quality control board (regional board) to prescribe waste discharge requirements, as specified. The act authorizes the state board and a regional board to waive certain waste discharge requirements as to a specific discharge or type of discharge if the state board or the regional board makes a specified determination. For purposes of implementing the provisions relating to the issuance of an operator identification number for pesticide use, this bill would require the state board or a regional board to provide notice to the Department of Pesticide Regulation and the appropriate county agricultural commissioners if, pursuant to an administrative order, the state board or the regional board finds that an operator of the property, as defined, is in violation of any specified water quality requirements. The bill would prohibit the state board or the regional board from transmitting the notice unless 30 days have elapsed after the date on which specified administrative or judicial appeals and proceedings are exhausted. The bill would require the state board or the regional board to issue a written certification of compliance to an operator of the property upon remedying the violation, and payment of administrative civil liability imposed, for the water quality violations. The bill would require the county agricultural commissioner, upon receipt of a certificate of compliance, to immediately issue the withheld operator identification number to an operator who has remedied the subject violation or violations. The bill would also make a technical, nonsubstantive change to the provisions. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

Bill Text

Action History

  1. Died on Senate inactive file.

  2. To inactive file on motion of Senator Kehoe.

  3. Read second time and amended. Ordered to third reading.

  4. From committee: Amend, and do pass as amended. (Ayes 6. Noes 5.) (August 12).

  5. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on APPR.

  6. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (June 28).

  7. From committee: Do pass, and re-refer to Com. on EQ. Re-referred. (Ayes 3. Noes 1.) (June 15).

  8. Referred to Coms. on F. & A. and EQ.

  9. In Senate. Read first time. To Com. on RLS. for assignment.

  10. Read third time, passed, and to Senate. (Ayes 66. Noes 1. Page 5289.)

  11. Read second time. To third reading.

  12. From committee: Do pass. (Ayes 16. Noes 0.) (May 19).

  13. In committee: Hearing postponed by committee.

  14. Re-referred to Com. on APPR.

  15. Read second time and amended.

  16. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (April 21).

  17. Re-referred to Com. on AGRI.

  18. From committee chair, with author's amendments: Amend, and re-refer to Com. on AGRI. Read second time and amended.

  19. From committee: Do pass, and re-refer to Com. on AGRI. Re-referred. (Ayes 6. Noes 3.) (April 13).

  20. Re-referred to Com. on E.S. & T.M.

  21. From committee chair, with author's amendments: Amend, and re-refer to Com. on E.S. & T.M. Read second time and amended.

  22. Referred to Coms. on E.S. & T.M. and AGRI.

  23. Read first time.

  24. From printer. May be heard in committee March 23.

  25. Introduced. To print.

Sponsors

  • Huffman · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 2 voted No

Sponsors (1)

  • Huffman

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Do pass as amended.

Passed 6 Yea · 5 Nay
Party YeaNayPresentNot Voting
Unaffiliated 6500
Total 6500
% of votes cast 55%45%0%0%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Nay
Corbett — Yea
Leno — Yea
Ashburn — Nay
Price — Yea
Walters — Nay
Wolk — Nay
Alquist — Yea
Kehoe — Yea
Emmerson — Nay

Official roll call →

Placed on Appropriations Suspense file.

Passed 10 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Total 10001
% of votes cast 91%0%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Wyland — Yea
Corbett — Yea
Leno — Yea
Alquist — Yea
Ashburn — Yea
Kehoe — Yea
Price — Yea
Walters — Not Voting
Wolk — Yea
Emmerson — Yea

Official roll call →

AB 2595 HUFFMAN Assembly Third Reading

Passed 78 Yea · 1 Nay · 12 Other
Party YeaNayPresentNot Voting
Unaffiliated 730012
Democratic 2100
Republican 3000
Total 781012
% of votes cast 86%1%0%13%
How each member voted (91)
Member Party Vote
Carter — Yea
Chesbro — Yea
Conway — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Garrick — Yea
Charles — Yea
Hagman — Yea
Harkey — Yea
Hill — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fletcher — Yea
Fong — Yea
Anderson — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Yamada — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Salas — Not Voting
Saldana — Not Voting
Hall — Not Voting
Hernandez — Not Voting
Huffman — Yea
Knight — Not Voting
Lieu — Yea
Ma — Yea
Bass — Not Voting
Mendoza — Not Voting
Miller — Yea
Monning — Yea
Nestande — Yea
Norby — Not Voting
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Torrico — Yea
Tran — Yea
Adams — Yea
Ammiano — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Jeffries — Yea
Logue — Yea
Nava — Not Voting
Nielsen — Not Voting
Skinner — Yea
Swanson — Yea
Villines — Not Voting
Emmerson — Yea
Evans — Not Voting
DeVore — Yea
Furutani — Yea
Gilmore — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Nay
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 17 Yea · 0 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 16002
Democratic 1000
Total 17002
% of votes cast 89%0%0%11%
How each member voted (19)
Member Party Vote
Fuentes — Yea
Hall — Yea
Harkey — Yea
Hill — Yea
Charles — Yea
De — Not Voting
Leon — Not Voting
Conway — Yea
Coto — Yea
Davis — Yea
Norby — Yea
Torrico — Yea
Bradford — Yea
Miller — Yea
Nielsen — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

environment agriculture
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Frequently asked questions

What does AB 2595 do?
Existing law regulates pesticide use and requires a pesticide use report to be submitted to the county agricultural commissioner or the Director of Pesticide Regulation, as specified, for use in the setting of priorities for, among other things, pesticide use enforcement and pest control research, environmental monitoring, and public health monitoring and research. Existing regulations provide that prior to the purchase or use of pesticides for the production of an agricultural commodity, the operator of the property, as defined, or the operator's authorized representative, shall obtain an operator identification number for pesticide use from the county agricultural commissioner of each county where pest control work will be performed. This bill would codify that requirement relating to the operator identification number and, on and after January 1, 2012, would require the county agricultural commissioner to withhold the issuance of an operator identification number for pesticide use if, pursuant to a notice transmitted by the State Water Resources Control Board or a California regional water quality control board, an operator of the property is found to be in violation of specified water quality requirements after the exhaustion of all administrative proceedings and appeals. The bill would authorize a county agricultural commissioner to levy a specified civil penalty on an operator who obtains an operator identification number by means of fraud. By imposing new requirements on county agricultural commissioners, this bill would impose a state-mandated local program. Existing law, the Porter-Cologne Water Quality Control Act, requires the State Water Resources Control Board (state board) and a California regional water quality control board (regional board) to prescribe waste discharge requirements, as specified. The act authorizes the state board and a regional board to waive certain waste discharge requirements as to a specific discharge or type of discharge if the state board or the regional board makes a specified determination. For purposes of implementing the provisions relating to the issuance of an operator identification number for pesticide use, this bill would require the state board or a regional board to provide notice to the Department of Pesticide Regulation and the appropriate county agricultural commissioners if, pursuant to an administrative order, the state board or the regional board finds that an operator of the property, as defined, is in violation of any specified water quality requirements. The bill would prohibit the state board or the regional board from transmitting the notice unless 30 days have elapsed after the date on which specified administrative or judicial appeals and proceedings are exhausted. The bill would require the state board or the regional board to issue a written certification of compliance to an operator of the property upon remedying the violation, and payment of administrative civil liability imposed, for the water quality violations. The bill would require the county agricultural commissioner, upon receipt of a certificate of compliance, to immediately issue the withheld operator identification number to an operator who has remedied the subject violation or violations. The bill would also make a technical, nonsubstantive change to the provisions. 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Who sponsors AB 2595?
AB 2595 is sponsored by Huffman.
What is the current status of AB 2595?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2595?
Track AB 2595 free on One Click Politics — get push/email alerts when it moves.

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