BILL NUMBER: AB 2356 CHAPTERED
BILL TEXT
CHAPTER 591
FILED WITH SECRETARY OF STATE SEPTEMBER 16, 2002
APPROVED BY GOVERNOR SEPTEMBER 15, 2002
PASSED THE ASSEMBLY AUGUST 29, 2002
PASSED THE SENATE AUGUST 27, 2002
AMENDED IN SENATE AUGUST 21, 2002
AMENDED IN SENATE AUGUST 6, 2002
AMENDED IN SENATE JUNE 20, 2002
AMENDED IN SENATE JUNE 12, 2002
AMENDED IN ASSEMBLY APRIL 30, 2002
AMENDED IN ASSEMBLY APRIL 17, 2002
AMENDED IN ASSEMBLY APRIL 8, 2002
INTRODUCED BY Assembly Member Keeley
(Coauthors: Assembly Members Migden and Strom-Martin)
(Coauthor: Senator Romero)
FEBRUARY 21, 2002
An act to add Article 18 (commencing with Section 13190) to
Chapter 2 of Division 7 of the Food and Agricultural Code, relating
to solid waste.
LEGISLATIVE COUNSEL'S DIGEST
AB 2356, Keeley. Solid waste: compost contamination.
Existing law provides that the Director of Pesticide Regulation
shall endeavor to eliminate from use in the state any pesticide that
endangers the agricultural or nonagricultural environment, is not
beneficial for the purposes for which it is sold, or is
misrepresented. Existing law specifies the circumstances under which
the director may cancel the registration of, or refuse to register, a
pesticide.
This bill would make findings and declarations regarding the
potential threat to composting programs posed by the herbicide
clopyralid. It would provide that no person, except a licensed pest
control dealer, as specified, may sell a pesticide that contains the
active ingredient clopyralid. The bill would further provide that
pesticides containing this active ingredient that are labeled for use
on lawn and turf may only be sold to qualified applicators, as
specified. The bill would require the Department of Pesticide
Regulation to make determinations regarding the residues in compost
created by lawn and turf uses of clopyralid and to impose appropriate
restrictions on those uses or cancel the uses that are likely to
result in persistent residues in compost. Because a violation of
these provisions would be a crime, 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) The California Integrated Waste Management Act of 1989
requires all cities and counties to develop source reduction,
recycling, and composting programs to achieve a 50 percent reduction
in the amount of solid waste disposed of in California. Local
governments and waste haulers divert 6,000,000 tons of yard waste
annually from landfills to composting facilities, making composting a
principal means by which local governments meet the state's landfill
diversion requirements.
(b) The success of the state's composting programs, and the
economic viability of the California composting industry, are
imminently threatened if residential, agricultural, commercial, and
public users of compost lose confidence in the quality and safety of
the product.
(c) During 2000 and 2001, the herbicide clopyralid was detected in
compost produced at composting facilities in Spokane and at
Washington State University.
(d) Sampling conducted by an independent laboratory at 29 compost
facilities in California in 2002 found clopyralid in compost at 19 of
the sites at levels up to 13 ppb. Sampling conducted at composting
facilities operated by the Cities of Los Angeles and San Diego
detected clopyralid levels as high as 28 ppb.
(e) In a March 6, 2002, statement before the California Integrated
Waste Management Board, the department declared that "(R)esidue
levels will not need to be at phytotoxic levels in order for (the
department) to initiate regulatory action. DPR's goal is to prevent
the problem from occurring."
(f) On March 28, 2002, the department initiated cancellation of
products containing clopyralid that are registered for use on
residential lawns. The department did not cancel the use of products
registered for other nonresidential lawn and turf uses.
(g) According to a 1999 Waste Characterization study prepared by
the Integrated Waste Management Board, 50.5 percent of leaf and grass
waste generated in California comes from residential sites and 49.5
percent comes from nonresidential sites, including, but not limited
to, sites such as commercial offices and grounds, public parks, golf
courses, and cemeteries.
(h) Lawn care companies typically provide their services to both
residential and commercial accounts and dispose of lawn clippings
from both residential and nonresidential sites in a similar manner.
Many lawn care companies dispose of lawn clippings at a composting
facility or at a transfer station for delivery to a composting
facility. Because it costs approximately 50 percent less to dispose
of lawn clippings at a composting facility instead of a landfill,
lawn care companies have a further economic incentive to compost
their lawn clippings.
SEC. 2. The Legislature further finds and declares:
(a) The composting industry is of vital importance to the
well-being of the state because it produces a product that is
important and beneficial to the production of agricultural
commodities and to the horticultural industry and home gardening. It
further produces its product from materials that are diverted from
landfills in the state, in furtherance of the state's requirement to
divert 50 percent of solid waste from landfills.
(b) Section 12825 of the Food and Agricultural Code authorizes the
department to cancel the registration of, or refuse to register, any
pesticide that is of less value or greater detriment to the
environment than the benefit received by its use; for which there is
a reasonable, effective, and practicable alternate material or
procedure that is demonstrably less destructive to the environment;
or that, when properly used, is detrimental to vegetation, except
weeds.
(c) There is an urgent need for the state to take all necessary
steps to ensure that pesticides applied to lawn and turf do not
persist in compost.
SEC. 3. Article 18 (commencing with Section 13190) is added to
Chapter 2 of Division 7 of the Food and Agricultural Code, to read:
Article 18. Contamination of Compost
13190. (a) "Clopyralid" means 3,6-dichloro-2-pyridinecarboxylic
acid.
(b) "Compost" means the product resulting from the controlled
biological decomposition of organic wastes that are source separated
from the municipal solid waste stream, or that are separated at a
centralized facility.
(c) "Department" means the Department of Pesticide Regulation.
(d) "Herbicide" means a pesticide, as defined in Section 12753,
that is intended to kill weeds.
(e) "Lawn and turf use" means a residential or nonresidential use
of an herbicide on lawn and turf, including, but not limited to, lawn
and turf located at schools, parks, office buildings and golf
courses. Lawn and turf use does not include use of an herbicide on
lawn and turf located in turf farms, uncultivated open space,
agricultural rangeland or cultivated farmland.
(f) "Persistent residues in compost" means residues of an
herbicide in compost at levels and in a form with the potential to be
toxic or injurious to plants.
(g) "Plants" means desirable vegetation, except weeds.
(h) "Weed" means any plant that grows where not wanted, as defined
in Section 12759.
13191. (a) No person, except a pest control dealer licensed
pursuant to Chapter 7 (commencing with Section 12101) of Division 6
of the Food and Agricultural Code, may sell a pesticide that contains
the active ingredient clopyralid.
(b) Pesticides containing the active ingredient clopyralid that
are labeled for use on lawns and turf, including golf courses, may
only be sold to qualified applicators licensed pursuant to Chapter 8
(commencing with Section 12201) of Division 6 of the Food and
Agricultural Code or issued a certificate pursuant to Chapter 3
(commencing with Section 14151) of Division 7 of the Food and
Agricultural Code.
13192. Not later than April 1, 2003, the department shall,
pursuant to Sections 12824 and 12825, do both of the following:
(a) Determine in writing those lawn and turf uses of the herbicide
clopyralid for which there is no reasonable likelihood that the
specified use will result in persistent residues in compost.
(b) Take either of the following actions:
(1) Impose appropriate restrictions on the lawn and turf uses of
the herbicide clopyralid that are not identified in the determination
made pursuant to subdivision (a).
(2) Cancel any lawn and turf use that the department determines is
likely to result in persistent residues in compost.
SEC. 4. 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.