BILL ANALYSIS AB 21 Page 1 Date of Hearing: April 29, 2009 ASSEMBLY COMMITTEE ON APPROPRIATIONS Kevin De Leon, Chair AB 21 (Lowenthal) - As Amended: April 2, 2009 Policy Committee: E. S. and T. M.Vote: 5 - 0 Agriculture 5 - 1 Urgency: No State Mandated Local Program: No Reimbursable: SUMMARY This bill requires the Department of Pesticide Regulation (DPR) to review the assessment of the environmental impact of Methyl Bromide from the eighth meeting of the Conference of the Parties to the Vienna Convention for the Protection of the Ozone Layer and the twentieth meeting of the Parties to the Montreal Protocol on Substances that Deplete the Ozone Layer by the Technology and Economic Assessment Panel (TEAP). In addition, the bill requires DPR to make comments on the assessment and submit the review to the Legislature. FISCAL EFFECT Costs for associated with DPR reviewing the assessment and submitting that review to the Legislature would likely be less than $50,000. COMMENTS 1)Purpose . According to the author, methyl bromide has a global warming effect that is five times greater than carbon dioxide and the majority of it continues to be vented into the atmosphere from fumigation practices. Even though safety measures may ensure that residents near commodity fumigation facilities are safe, trace amounts of methyl bromide contribute to poor ambient air quality in communities near the ports where the chemical is used to treat containers of imported produce from other countries. The sponsors, the Coalition for Clean Air, suggest that the AB 21 Page 2 state needs to examine technologies that can best reduce or eliminate methyl bromide emissions from commodity fumigation facilities. The DPR is best poised to evaluate emission reduction technologies for methyl bromide. TEAP is preparing a report on methyl bromide alternatives and emission control technologies. The draft report is scheduled to be complete in July of this year. This bill is intended to require DPR to conduct a comprehensive review of the draft report and provide the Legislature with its findings and recommendations for state action. 2)Methyl Bromide is a pesticide used to control insects, nematodes, weeds, pathogens, and rodents. In the United States, methyl bromide is used in agriculture, primarily to fumigate the soil for tomatoes, strawberries and peppers and for commodity treatments, primarily for grapes, raisins, cherries, nuts, and imported fruits and vegetables. When used in commodity treatment, the gas is injected into a chamber or tarp containing the commodities. Commodities can be treated several times during storage and shipment. According to the Environmental Protection Agency, methyl bromide is a toxic material. Exposure to this chemical will affect not only the target pests it is used against, but non-target organisms as well. Because methyl bromide dissipates so rapidly to the atmosphere, it is most dangerous at the actual fumigation site itself. Human exposure to high concentrations of methyl bromide can result in central nervous system and respiratory system failure, as well as specific and severe deleterious actions on the lungs, eyes, and skin. 3)The Montreal Protocol on Substances that Deplete the Ozone Layer . The Montreal Protocol is an international treaty developed to protect the earth from the detrimental effects of ozone stratospheric depletion. Since its initial signing by the United States and 26 other countries in 1987, virtually the whole world has signed on to the treaty (191 countries). The parties to the Montreal Protocol agreed to specific reduction steps that lead to the phase-out of production and import of ozone-depleting substances, including methyl bromide. AB 21 Page 3 Analysis Prepared by : Julie Salley-Gray / APPR. / (916) 319-2081