BILL ANALYSIS AB 21 Page 1 ASSEMBLY THIRD READING AB 21 (Bonnie Lowenthal) As Amended April 2, 2009 Majority vote AGRICULTURE 5-1 ENVIRONMENTAL SAFETY 5-0 ----------------------------------------------------------------- |Ayes:|Galgiani, Arambula, Ma, |Ayes:|Chesbro, Davis, Feuer, | | |Mendoza, Yamada | |Monning, Ruskin | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Fuller | | | | | | | | ----------------------------------------------------------------- APPROPRIATIONS 12-5 ----------------------------------------------------------------- |Ayes:|De Leon, Ammiano, Charles | | | | |Calderon, Davis, Fuentes, | | | | |Hall, John A. Perez, Price, | | | | |Skinner, Solorio, Torlakson, | | | | |Krekorian | | | | | | | | |-----+------------------------------+-+--------------------------| |Nays:|Nielsen, Duvall, Harkey, | | | | |Miller, | | | | |Audra Strickland | | | ----------------------------------------------------------------- SUMMARY : Requires the Department of Pesticide Regulation (DPR) to review a report by the United Nations Technology and Economic Assessment Panel (TEAP) on alternative and emission control technologies for methyl bromide and submit comments to the Legislature. Specifically, this bill : 1)States the economic benefits of ports, listing the employment and wages, contributions by the seaport business to the economy, and revenues at a national level. 2)States that California seaports are critical to this state's economic health; that they handle one-fifth of the nation's international trade; that some trading partners require the AB 21 Page 2 use of methyl bromide on products; describes methyl bromide and its historic and current use; and, that it depletes ozone. Further states that ethyl bromide poses a threat to humans, animals and the environment, that its use is under careful and appropriate regulation, and those who perform work with it have the most stringent health and safety requirements possible. 3)Requires DPR to review a report by TEAP on alternative and emission control technologies for methyl bromide and submit comments to the Legislature. 4)The review and comments on the TEAP report by DPR shall include comments on the findings of the panel, focusing on those issues that are relevant to California, including: a) Alternatives to methyl bromide use; b) Options or possibilities for recapture, containment, and recycling of methyl bromide; and, c) Technologies that could reduce or prevent emissions. EXISTING LAW requires the Director (Director) of DPR 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. DPR and the United States (U.S.) Environmental Protection Agency have classified methyl bromide as a "Restricted Use Pesticide" i.e., a pesticide that may be purchased and used only by certified applicators or persons under their direct supervision. Special use permits are required for the use of methyl bromide and it may only be used under specified conditions, with required buffers, supervision and other stated conditions. California Code of Regulations (3CCR Section 6000) define industrial use as "use within the confines of, or on property necessary for, the operation of factories, processing plants, packinghouses, or similar facilities, or use for or in a manufacturing, mining, or chemical process. In California, industrial use does not include use on rights-of-way. Post-harvest commodity fumigations at facilities or on trucks, AB 21 Page 3 vans, or rail cars are normally industrial use." FISCAL EFFECT : According to the Assembly Appropriations Committee, costs associated with DPR reviewing the assessment and submitting that review to the Legislature would likely be less than $50,000. COMMENTS : Methyl bromide comes from both natural and man-made sources. It naturally occurs in the oceans and is also produced in small quantities by certain terrestrial plants. Manufactured sources are used for agricultural and industrial purposes as a fumigant against a wide variety of pests, including spiders, mites, fungi, plants, insects, nematodes, and rodents. It was introduced as a pesticide in 1932, and was first registered in the U.S. in 1961. Methyl bromide is recognized as a potent ozone depleting substance. The Montreal Protocol is an international treaty designed to protect the ozone layer by phasing out the production of a number of substances believed to be responsible for ozone depletion. The treaty was opened for signature on September 1987 and entered into force on January 1, 1989, and has since gone through seven revisions. Of those ozone-depleting substances scheduled for phaseout, methyl bromide began at a 25% reduction in 1999, increased to 50% in 2001, 70% in 2003 and was 100% in 2005. It is recognized that many parties rely on methyl bromide for trade and conservation of biodiviersty uses, and will use it until viable alternatives become available and acceptable for quarantine and pre-shipment use. Exceptions to the phaseout are uses for quarantine or governmental control, critical and emergency uses. TEAP has been in the process of developing a report for the next convening of the Montreal Protocol signers in November 2009, with a pre-report due July 2009. This report is to include the technical and economic availability of alternative substances and technologies for the main methyl bromide uses, by volume, and of technologies for methyl bromide recovery, containment and recycling. This report is to highlight areas where sufficient information indicates opportunities for reductions in methyl bromide use or emissions for quarantine and pre-shipment purposes, including technically and economically feasible alternatives and technologies for recapture and destruction of methyl bromide, among other requirements. AB 21 Page 4 Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084 FN: 0001049