AB 1689

Bill Subjects

Abstract

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 of Pesticide Regulation 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. This bill would require a pilot operating an unmanned aircraft system to hold a valid manned or unmanned pest control aircraft pilot's certificate issued by the director, and to meet the requirements for a vector control technician certificate or an unmanned aircraft operator certificate, as specified. Existing law requires each unmanned pest control aircraft pilot's certificate to designate the pilot's status as a journeyman, apprentice, or vector control technician, and requires an applicant for an unmanned pest control aircraft pilot's certificate to pass an examination as a condition of licensure. This bill would, with respect to the unmanned pest control aircraft pilot's certificate, eliminate the statuses of journeyman and apprentice, create the status of unmanned aircraft operator, and make conforming changes to the examination requirement. To be eligible for an unmanned aircraft operator certificate, the bill would require a pilot to hold required unmanned aircraft pilot certification from the Federal Aviation Administration for both agricultural and commercial operations. Existing law governs pest control operations in this state in order to, among other stated purposes, protect public health and safety and protect the environment. Existing law establishes the Department of Pesticide Regulation within the California Environmental Protection Agency, under the control of the director, to administer these provisions. Existing law requires the director to adopt regulations that govern the conduct of the business of pest control. Existing law makes it unlawful for any person to act in a supervisory capacity or position for a pest control business unless the person has a qualified applicator license, except as provided. This bill would require a qualified applicator license for an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide. The bill would require an unmanned pest control aircraft operation spraying a regulated pesticide, fungicide, or herbicide under a qualified applicator license to comply with specified requirements. The bill would require the application of a pesticide, fungicide, or herbicide by an unmanned pest control aircraft to be made according to the label instructions and would require labeling instructions issued by the department to be in compliance with any federal labeling issued pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act. 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.