BILL ANALYSIS Ó AJR 29 Page 1 Date of Hearing: May 9, 2012 ASSEMBLY COMMITTEE ON AGRICULTURE Cathleen Galgiani, Chair AJR 29 (Allen) - As Introduced: February 24, 2012 SUBJECT : Pollinators. SUMMARY : Memorializes the United Stated Environmental Protection Agency (USEPA) and the California Department of Pesticide Regulation (DPR) to act quickly to protect honeybees (bees) by banning neonicotinoid products that harm pollinators. Specifically, this bill : 1)States that California agriculture is a major industry responsible for one in 10 jobs in the state. 2)States that migratory beekeepers have provided a critical service to the United States (US) and California economy by pollinating a wide variety of crops. 3)States bees are the most economically valuable pollinator in the US, adding over $15 billion in economic value to agriculture each year. 4)Declares that one in three bites of food we eat is dependent on bees pollination. 5)States that California produces more than half of the world's almonds and from 1.3 million to 1.5 million bee colonies are rented for almond production. 6)States that in 2006, bees in the US started disappearing in large numbers and was labeled colony collapse disorder (CCD). 7)Declares that many interacting causes, such as pathogens, habitat loss and pesticides, are likely contributors to CCD. 8)Declares there are multiple factors that contribute to CCD, including pathogens, habitat loss and pesticides. 9)States immune system damage is a critical factor that may be the cause of CCD. 10)Declares since 2006, commercial beekeepers report annual AJR 29 Page 2 losses double normal numbers. 11)States bees are a keystone indicator species and their decline suggests broader environmental degradation, and, that a majority of biologists believes that bee population decline and impact on biodiversity is a greater threat then global warming. 12)States USEPA has identified neonicotinoids pesticides as being highly toxic to bees. 13)States that Bauer CropsScience announced the removal of almonds from the crops that imidacloprid (a neonicotinoid) products may be used on, due to its impact on bees. 14)States that both USEPA and DPR are tasked with evaluating pesticide threats to pollinators before pesticides are marketed in California, but both agencies rely on industry studies and fail to adequately study pesticide problems as they arise in the field. 15)Declares that several European countries have taken action to protect pollinators and the State of New York has banned the use of neonicotinoid products in order to protect bees. 16)Resolves that the California Legislature urges USEPA and DPR to act quickly to protect bees by banning neonicotinoid products that harm pollinators. 17)Resolves that the California Legislature urges USEPA and DPR to create a timeline and action plan to address pesticides, chiefly neonicotinoids, which pose harm to pollinators. 18)Resolves that the California Legislature urges DPR and the California department of Food and Agriculture to promote healthy environments for all pollinators through existing and new funding sources. 19)Directs the Clerk of the Assembly to send copies of this resolution to the Governor, Secretary of the Senate and the author for distribution. EXISTING LAW authorizes the Director of DPR to prescribe the conditions under which pesticides may be used, as specified. AJR 29 Page 3 FISCAL EFFECT : None COMMENTS : Bee pollination is responsible for $15 to $20 billion in added crop value, particularly for specialty crops such as almonds and other nuts, berries, fruits, and vegetables. About one mouthful in three in our diet, directly or indirectly, benefits from honey bee pollination. While there are native pollinators, honey bees are more prolific and the easiest to manage for the large scale pollination that US agriculture requires. In California, the almond crop uses approximately 1.3 million colonies of bees, roughly half of all honey bees in the US. The number of managed honey bee colonies has dropped from five million in the 1940s to only 2.5 million today. At the same time, the need for hives to supply pollination service has risen. Bee colonies are trucked farther and more often than in the past. Bee colony health has been declining since the 1980s. The spread into the US of varroa and tracheal mites, in particular, created major new stresses on honey bees. Other stressors include habitat loss, lack of genetic diversity and pesticides. Beginning in October 2006, some beekeepers began reporting losses of 30-90% of their hives. While colony losses are not unexpected during winter weather, the magnitude of loss suffered by some beekeepers was highly unusual. This phenomenon has been termed CCD. The main symptom of CCD is a hive that includes all of the following: 1) No, or a low number, of adult honey bees present in the hive, and, 2) A live queen in the hive, and, 3) No dead honey bees in the hive. Often there is still honey in the hive and immature bees are present. Supporters point to several recent studies that link a class of systemic pesticides, neonicotinoid, to weakening bee's immune systems. Supporters, while recognizing that pesticides are not the only factor acting as a stressor on bees, state that the recent studies indicate that neonicotinoid are shown to be a critical impact on bee health and contribute to CCD. Neonicotinoids are a class of neuro-active insecticides chemically related to nicotine. The neonicotinoids were developed because they show reduced toxicity compared to previously used organophosphate and carbamate insecticides. AJR 29 Page 4 Most neonicotinoids show much lower toxicity in mammals than insects. Neonicotinoids are the first new class of insecticides introduced in the last 50 years, and the neonicotinoid imidacloprid is currently one of the most widely used insecticides in the world. Supporters, in a review of current studies on bee health, state the sub-lethal exposure of neonicotinoids to bees is a cause for concern. While many neonicotinoids are classified as acutely toxic to bees, single high-dose exposures are less common than sub-lethal exposures faced by bees as they forage. Supporters state it is this sub-lethal exposure that can cause altered behavior and undermine immunity in bees. Opponents state that with USEPA scheduled to review all uses of neonicotinoid starting this year, it is premature to suggest banning the use of neonicotinoid in all situations. Furthermore, in 2009, DPR began a reevaluation of pesticide products containing neonicotinoids. The reevaluation process is still ongoing with local field data being collected and has yet to be fully reviewed by DPR, and as such, the process has not been completed. Opponents suggest that promoting more scientific review and supporting the ongoing review of neonicotinoid by USEPA and DPR is a better way of examining this issue. Both citrus and winegrape growers have expressed concerns about a complete ban of neonicotinoid. These growers use neonicotinoid to combat pests, such as the asian citrus psyllid and the glassy winged sharpshooter, that has a significant impact on citrus crops and winegrapes, respectively. Without the use of neonicotinoid, these growers are concerned that the control of these and other pests will requires less sensitive chemicals. There are several technical and clarifying amendments the committee may wish to consider: 1)Page 2, line 4 and 5, strikeWHEREAS, In 2006, honeybees in the United States began disappearing in large numbers, a term coinedand replace with Each year since 2006, commercial beekeepers have reported annual losses of 26-36%, more than double what is considered normal. This phenomenon has been termed 2)Page 2, strike lines 12 thru 14. AJR 29 Page 5 3)Page 2, line 39-40, after the words "New York" strikehas already banned neonicotinoid productsand replace with has declined to register some neonicotinoid products . As stated in this resolution, imidacloprid has been withdrawn for use with almonds in California. According to supporters, "Bayer's call to halt imidacloprid's use on almonds was prompted by concern from California's Department of Pesticide Regulation (DPR). In 2009, the agency observed two serious problems with Bayer's product." With the removal of imidacloprid use in California for almonds, the leading user of commercial bees, the committee may wish to consider the following two issues: 1)With DPR's ongoing reevaluation of neonicotinoids, it appears California's regulatory process, in this instance, is working well and adequately addressing issues related to this pesticide. If this is the case the committee may wish to consider an amendment to delete page 2, lines 34 thru 36 as follows:However, these agencies have relied on industry studies and failed to adequately study problems with pesticides as they arise in the field. 2)Furthermore, as almost half the commercial bee hives in the US are used to pollinate California almond crops, one of the key purposes for this resolution, protecting bee health, is being addressed positively by current regulatory process. Is it necessary for California to call for the wholesale ban of neonicotinoid or allow DPR's regulatory process to proceed? The committee may wish to consider the following amendments: a) Page 3, line 3, after the words "expeditiously to", insert complete the reevaluation of neonicotinoids a timely manner and develop practices that ; b) Page 3, lines 4-5, after the word "honeybees", strikeby prohibiting the use, marketing, or sale of neonicotinoid products deemed hazardous to pollinators.; and, c) Page 3, lines 2-5, after the word "EPA", strikeand the CDPR to create a clear timeline and plan of action for addressing pesticides that pose harm to pollinators, especially neonicotinoids;and replace with continue with its risk assessment review process regarding honey bee health to ensure these important pollinators remain a AJR 29 Page 6 viable part of our eco-system and follow California's lead in reevaluating neonicotinoids; RELATED LEGISLATION : SJR 49 (Ortiz) Res. Chapter 137, Statutes of 2002, memorialized the Director of the Centers for Disease Control and Prevention (CDC), members of Congress, the U.S. Secretary for Health and Human Services and the President to seek release to the state Department of Health Services of California-specific data from the 1999 and the 2002 CDC's "National Report on Human Exposure to Environmental Chemicals." ACR 117 (Laird) of 2008 would have memorialized CDFA, DPR, the Office of Environmental Health Hazard Assessment, and any other applicable state departments and agencies involved in the light brown apple moth (LBAM) eradication effort, of the need to address the unresolved health, scientific, and efficacy issues concerning the 2007 LBAM eradication effort. This resolution was held in the Senate Committee on Appropriations. HR 23 (Monning) of 2010 requested that USEPA acts to protect public health and the environment by requiring the disclosure of inert ingredients in pesticide products. This resolution was adopted by the Assembly. SR 35 (Leno) of 2010 urged the Governor to: 1) request USEPA to require identification of hazardous inert ingredients as soon as possible, ultimately leading to the disclosure of all inert ingredients, the disclosure of a particular ingredient that would not cause competitive harm, and 2) continue to support the public's right to know every ingredient in pesticide products. This resolution was adopted by the Senate. REGISTERED SUPPORT / OPPOSITION : Support California State Grange Community Alliance with Family Farmers Cornucopia Institute EcoFarm Organic Consumers Fund Pesticide Action Network, North America AJR 29 Page 7 Opposition Agricultural Council of California Almond Hullers and Processors American Pistachio Growers Association California Association of Nurseries and Garden Centers California Pear Growers Association California Seed Association California State Floral Association California Association of Pest Control Advisors California Association of Winegrape Growers California Chamber of Commerce California Citrus Mutual California Cotton Ginners and Growers Associations California Cut Flower Commission California Farm Bureau Federation California Grape & Tree Fruit League California Rice Commission California Tomato Growers Association California Women for Agriculture Family Winemakers of California Nisei Farmers League Western Agricultural Processors Association Western Growers Association Western Plant Health Association Wine Institute Analysis Prepared by : Victor Francovich / AGRI. / (916) 319-2084