BILL ANALYSIS                                                                                                                                                                                                    




                   Senate Appropriations Committee Fiscal Summary
                           Senator Christine Kehoe, Chair

                                           1069 (Monning)
          
          Hearing Date:  8/27/2009        Amended: 5/4/2009
          Consultant:  Bob Franzoia       Policy Vote: F&A 3-1 EQ 5-2 
          _________________________________________________________________ 
          ____
          BILL SUMMARY: AB 1069 would require the telephone hotline  
          established by the California Department of Food and Agriculture  
          (CDFA) for the public to report adverse health consequences of  
          an urban or communitywide application of a pesticide to be toll  
          free and staffed by public health personnel familiar with the  
          pesticide being applied.  The public health personnel shall  
          enter all health complaints into a database, encourage physician  
          consultation, and offer to provide a claim report form.  This  
          bill would require the notice distributed within the urban area  
          of an eradication project to include a telephone number that is  
          a toll free telephone hotline number and require that the  
          purpose of the number be included on the notice.
          _________________________________________________________________ 
          ____
                            Fiscal Impact (in thousands)

           Major Provisions         2009-10      2010-11       2011-12     Fund
           Permanent public outreach         Up to $50 annually; costs  
          dependent              Federal/*
          and response process               on level of infestation, type  
          of spraying,     General
                                            pesticide used, public  
          outreach, etc.           

          * Based on contract costs to respond to the light brown apple  
          moth (LBAM) infestation and aerial spraying; all costs were  
          federally funded.  This bill would have negligible General Fund  
          costs; see Staff Comments.          
          _________________________________________________________________ 
          ____

          STAFF COMMENTS: SUSPENSE FILE.

          It is unknown how often CDFA would implement the provisions of  
          this bill and whether federal funds, and at what share of cost,  
          would continue to be available from the US Department of  
          Agriculture.  











          Current law requires CDFA to establish a process to report  
          adverse health consequences and a process to evaluate and  
          respond to adverse health consequences.  

          Costs can be expected to vary depending on the severity of the  
          infestation, what pesticides that may be used, and whether  
          ground or aerial spraying is used.  A contract to combat the  
          LBAM infestation between CDFA and the Office of Health Hazard  
          Assessment (OEHHA), which expires June 30, 2010, was for  
          $699,282 and revised by $940,055 for a total of $1,639,337.   
          This contract was extended to September 30, 2010, and it may be  
          extended monthly beyond that date. A review of that contract is  
          useful in estimating the fiscal impact of this bill.

          In that contract, OEHHA was reimbursed for the following:

          Education and Outreach:  OEHHA conducted communication,  
          education, and 
          Page 2
          AB 1069 (Monning)

          outreach activities to local health officers, local governmental  
          officials, community groups, the Legislature and the public in  
          coordination with a public health medical officer 
          and a research scientist.  OEHHA utilized a combination of  
          scientific knowledge and communications skills to make  
          scientific concepts understandable to public audiences. This  
          workload required 0.4 time for a public health medical officer,  
          0.2 time for a senior toxicologist, 0.6 time for a staff  
          toxicologist and 0.1 time for a research scientist.
          
          Illness recognition and reporting: OEHHA provided consultation  
          on medical/clinical issues relating to LBAM pesticide exposures,  
          reviewed and set up symptoms criteria for identifying illnesses  
          potentially related to LBAM pesticide exposures, designed new  
          syllabi for training of physicians and healthcare providers,  
          provided training to physicians on pesticides used in the  
          eradication and their requirements to report pesticide  
          illnesses, provided education on the Pesticide Illness Reporting  
          system (requirements, existing system, implementation, and hands  
          on training for multiple counties)  This workload required 0.4  
          time for a public health medical officer, 0.1 time for a senior  
          toxicologist, 0.4 time for a senior toxicologist, and 0.6 time  
          for a research scientist.











          Complaints and illness incidence reporting: OEHHA developed a  
          scope of work and monitors a contract with the California Poison  
          Control System (CPCS) for the operation of a phone bank to  
          answer health questions and handle complaints, serves as a  
          technical lead for interacting with the CPCS and the phone bank,  
          set up systems for files and records regarding reports of  
          pesticide illness, analyzes health complaints and illness  
          incidence reports, and evaluates and interprets illness  
          complaint data.  This workload required 0.1 time for a staff  
          toxicologist, and 0.1 time for a research scientist.  OEHHA also  
          coordinates with internal and external parties.  It is this  
          workload that would become a new requirement above what is  
          currently specified in statute.

          Staff notes Chapter 4.5 Invasive Pest Planning added Food and  
          Agriculture Code 5265, which is amended (and expanded to be  
          consistent with the provisions of a currently operative  
          contract) by this bill.  Food and Agriculture Code 5266 states  
          that the program established by this chapter may only be  
          federally funded.  This bill also amends Food and Agriculture  
          Code 5776 which is within Chapter 8 Special Quarantine, Control,  
          and Abatement Methods.  Chapter 8 does not contain the federal  
          funds only restriction.  As a result, any changes to this  
          section would have a General Fund impact.  The change proposed  
          by this bill to this section would be the addition of a  
          statement of the purpose of the existing toll-free telephone  
          hotline number.