BILL NUMBER: AB 21	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  FEBRUARY 18, 2009

INTRODUCED BY   Assembly Member Bonnie Lowenthal

                        DECEMBER 1, 2008

   An act to add Section 14083 to the Food and Agricultural Code,
relating to economic poisons.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 21, as amended, Bonnie Lowenthal. Economic poisons: methyl
 bromide.   bromide: report. 
   Existing law requires the Director of Pesticide Regulation to
adopt regulations that govern the use of methyl bromide and
chloropicrin as field fumigants, and authorizes the director to
prescribe the time when, and the conditions under which, methyl
bromide and chloropicrin may be used in different areas of the state.

   This bill would require the Department of Pesticide Regulation to
conduct a review of existing and emerging emission control
technologies available for reducing methyl bromide emissions and to
prepare and submit to the Legislature a report detailing available
emission control devices or techniques for reducing industrial methyl
bromide emissions, including specified information for each system
in the study.  
   This bill would require the use of methyl bromide in this state to
clean or fumigate a container used to transport goods to or from the
state to be restricted to a manner and method of application that
precludes exposure to any residential dwelling, school, day care
facility, park, play area, or healthcare facility. The bill would
require the Department of Pesticide Regulation to ensure certain
matters regarding this use of methyl bromide. The bill would also
require the department to levy a fee on those who use methyl bromide
to clean or fumigate containers in order to cover the costs of
administering and enforcing these provisions. A violation of the
provisions of this bill would be a misdemeanor.  
   Because this bill would create new 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.
State-mandated local program:  yes   no  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Trade activity through California's seaports is crucial to the
overall health of the state's economy.
   (b) The economic benefits of ports to state, national, and global
economies are as follows:
   (1) About 13.3 million Americans were employed in jobs created by
commercial port activities, and average wages for these jobs were
forty-nine thousand dollars ($49,000) a year, twelve thousand dollars
($12,000) more than the average United States wage.
   (2) Exporter/importer businesses and support industries that rely
on seaports contributed $3.15 trillion to the United States economy
in 2007 and paid nearly $212.5 billion in taxes that same year.
   (3) Seaport activities in 2007 accounted for $31.21 billion in
federal, state, and local tax revenues.
   (4) Customs revenue through seaports was $23.2 billion in 2007.
   (5) Deep-draft ports, which accommodate oceangoing vessels,
account for 99 percent of United States overseas trade by weight and
64 percent by value, international trade represents 29.7 percent of
the United States Gross Domestic Product, and the United States is
the largest trading nation in the world, accounting for 19 percent of
world goods trade.
   (6) With regards to California, California's ports handle
one-fifth of all United States international trade, and Los Angeles
and Long Beach rank first and second in dollar value of goods
processed.
   (c) There are cases in which meeting the requirements of our
trading partners requires the use of methyl bromide in cleaning or
fumigating the containers used for shipments at the ports.
   (d) Methyl bromide is an odorless and colorless gas that has been
used as a soil fumigant and structural fumigant to control pests
across a wide range of agricultural sectors. Methyl bromide depletes
the stratospheric ozone layer and has been largely phased out with
some exceptions for critical use where no substitute is available and
for quarantine and preshipment fumigation functions.
   (e) Because methyl bromide poses a threat to humans, animals, and
the environment, it is in the interest of the state that its use be
conducted under careful and appropriate regulation.
   (f) Workers who perform necessary fumigation with methyl bromide
are engaged in a dangerous activity and would benefit from the most
stringent health safeguards possible.
   SEC. 2.    Section 14083 is added to the 
Food and Agricultural Code   , to read:  
   14083.  The department shall conduct a review of existing and
emerging emission control technologies available for reducing methyl
bromide emissions. The department, by July 1, 2011, shall prepare and
submit to the Legislature a report detailing available emission
control devices or techniques for reducing industrial methyl bromide
emissions, including, but not limited to, for each system in the
study all of the following:
   (a) Process of operation, including installation, operation,
scientific process, and waste disposal.
   (b) Locations where the system is in use in California, including
the length of time in use.
   (c) Theoretical emission reduction.
   (d) Emission reduction achieved in practice, if applicable.
   (e) Type, quantity, and toxicity of waste produced.
   (f) Manufacturer of system.
   (g) Cost of system.  
  SEC. 2.    Section 14083 is added to the Food and
Agricultural Code, to read:
   14083.  (a) The use of methyl bromide in this state to clean or
fumigate a container used to transport goods to or from the state
shall, pursuant to subdivision (b), be restricted to a manner and
method of application that precludes exposure to any residential
dwelling, school, day care facility, park, play area, or healthcare
facility.
   (b) The department shall ensure all of the following with respect
to the use of methyl bromide as provided in subdivision (a):
   (1) The use of methyl bromide is conducted beyond an appropriate
buffer zone from a residential dwelling, school, day care facility,
park, play area, or healthcare facility.
   (2) The use of methyl bromide involves appropriate
pollution-capturing devices.
   (3) Optional or unnecessary use of methyl bromide is reduced.
   (4) Appropriate warnings are posted.
   (5) Nonfumigant alternatives are used where possible.
   (c) The department shall levy a fee on those who use methyl
bromide to clean or fumigate containers in order to cover the costs
of administering and enforcing this section.  
  SEC. 3.    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.