BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 634|
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THIRD READING
Bill No: AB 634
Author: Huber (D)
Amended: 7/12/11 in Senate
Vote: 21
SENATE AGRICULTURE COMMITTEE : 6-0, 6/21/11
AYES: Cannella, Rubio, Berryhill, Evans, La Malfa, Vargas
NO VOTE RECORDED: Wolk
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 7/6/11
AYES: Simitian, Strickland, Blakeslee, Hancock, Kehoe,
Lowenthal, Pavley
ASSEMBLY FLOOR : 60-0, 4/14/11(Consent) - See last page for
vote
SUBJECT : Vertebrate pest control: carbon monoxide
SOURCE : California Farm Bureau Federation
DIGEST : This bill authorizes using carbon monoxide for
vertebrate pest control, as specified.
ANALYSIS : Existing law defines a vertebrate pest for
purposes of requiring the Secretary of the Department of
Food and Agriculture to establish and administer a research
program to control vertebrate pests, and prohibits the
killing of any animal by means of carbon monoxide.
This bill authorizes the use of carbon monoxide for the
CONTINUED
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control of vertebrate pests, subject to specified
provisions governing pest control operations and the use of
agricultural chemicals.
Background
In California, it is currently illegal to kill any animal,
including vertebrate pests, using carbon monoxide (an
odorless, colorless gas that is a cumulative poison).
Vertebrate pests include any specie of mammal, bird,
reptile, amphibian, or fish that causes damage to
agricultural, natural, or industrial resources, or to any
other resource. Anticoagulant bait, zinc phosphide bait,
gas cartridge fumigation and trapping are current methods
used for vertebrate pest control in California.
The United States Department of Agriculture estimated in
2009 that California's farmers see crop losses caused by
rodents and other vertebrate pests in excess of $500
million annually.
In addition to crop losses, vertebrate pests can damage
irrigation equipment, produce hazards to machinery and
livestock by causing unstable ground around their burrow
systems, and create health hazards as carriers of diseases
especially bubonic plague. As an example, burrowing
rodents are believed to have been a contributing factor to
the breaking of the West Levee of Upper Jones Tract in San
Joaquin County that flooded 12,000 acres and cost $90
million in repairs.
The use of carbon monoxide for vertebrate pest control
purposes is legal in 49 other states.
Comments
According to the author's office, California farmers and
ranchers have limited options when trying to control
vertebrate pest infestations damaging their crops. Many
control methods are only effective during certain seasons
and in certain situations. California farmers need
expanded methods of vertebrate pest control. Carbon
monoxide is an additional tool for vertebrate pest control
and is a safe, targeted, and humane method. New and
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improved pest control technologies, such as the use of
carbon monoxide, will benefit farmers by cutting down crop
and equipment damage losses.
According to the American Veterinary Medical Association
Guidelines on Euthanasia published in June 2007, carbon
monoxide is an effective method for euthanasia for small
mammals, but does pose hazards and should be handled
carefully.
Prior Legislation
AB 2776 (N. Waters), Chapter 757, Statutes of 1990,
established a research program to control vertebrate pests
which pose a significant threat to the welfare of the
state's agricultural economy and public.
SB 1659 (Kopp), Chapter 751, Statutes of 1998, banned the
use of carbon monoxide in the killing of animals. The
focus of the bill was to prevent the use of a carbon
monoxide chamber in animal shelters for animal euthanasia.
The bill did not address or discuss the use of carbon
monoxide as a pest control. AB 634 corrects the
inadvertent consequences of SB 1659.
SB 872 (Denham), Chapter 176, Statutes of 2005, extended
the sunset of the vertebrate pest control program to
January 1, 2016.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 8/15/11)
California Farm Bureau Federation (source)
Agricultural Council of California
All-Pro Pest Control (Oak Hills)
CAL-AG Enterprises (Fowler)
California Association of Pest Control Advisers
California Association of School Business Officials
California Cattlemen's Association
California Certified Organic Farmers
California Chamber of Commerce
California Grain and Feed Association
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California Grape and Tree Fruit League
California Seed Association
California Warehouse Association
Chico Farm & Orchard, Inc.
Community Alliance with Family Farmers
Dale's Rodent Control (Tehachapi)
Dorrance Ranches, LLP (Hollister)
Ginner & Company (Portola Valley)
Haire Management Co. LLC (Napa)
Harman Bros. Ranches (Dos Palos)
High Jack Ranch (Van Nuys)
Lonesome Dove Ranch (Geyserville)
Pacific Egg and Poultry Association
Park View Cemetery (Manteca)
Patterson Westside Farm (Patterson)
Pina Vineyard Management, LLC (Oakville)
Pretty Penny Vineyard (Paso Robles)
Shields Ranch (Brawley)
York Ranch (Alturas)
Zack Ranch LLC (Bishop)
OPPOSITION : (Verified 8/15/11)
Center for Biological Diversity
Defenders of Wildlife
ARGUMENTS IN SUPPORT : According to the bill's sponsor,
the California Farm Bureau Federation, this bill allows
farmers and ranchers to use carbon monoxide for the control
of vertebrate pests such as gophers and ground squirrels.
An estimated $500 million in crop losses are attributed to
rodents and other vertebrate pests in California.
Supporters state that carbon monoxide is a safe, targeted,
and humane method of rodent control.
The California Association of School Business Officials
states that vertebrates pests cause safety concerns on
school property throughout California with school play
yards and fields littered with small piles of dirt and
countless holes left behind as tripping hazards. Using
poisons, traps, propane explosions and other methods are
not feasible on or around school property, but using carbon
monoxide would present a safe and quiet control method that
leaves no residue.
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ARGUMENTS IN OPPOSITION : Opponents state this bill would
have "unacceptable impacts on endangered and sensitive
wildlife species that rely on rodent burrows. The bill as
it stands does not prevent use of carbon monoxide in
endangered and sensitive species habitats, nor does it
prevent use of carbon monoxide in ground squirrel burrows.
? Because carbon monoxide is a byproduct, not an active
ingredient, of rodent control devices used to fumigate
burrows, carbon monoxide poisoning may not be adequately
regulated under federal pesticide law such as FIFRA
ÝFederal Insecticide, Fungicide, and Rodenticide Act] if AB
634 passes as currently written. Allowing the
indiscriminate use of carbon monoxide would be an end-run
around EPA labeling restrictions on fumigants in burrows."
ASSEMBLY FLOOR :
AYES: Achadjian, Allen, Ammiano, Atkins, Beall, Bill
Berryhill, Block, Blumenfield, Bonilla, Bradford,
Brownley, Buchanan, Campos, Carter, Cedillo, Chesbro,
Cook, Davis, Dickinson, Donnelly, Eng, Fletcher, Fong,
Fuentes, Furutani, Gatto, Gordon, Hagman, Halderman,
Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso,
Huffman, Jeffries, Lara, Bonnie Lowenthal, Ma, Miller,
Mitchell, Monning, Nestande, Nielsen, Norby, Pan, Perea,
V. Manuel Pérez, Portantino, Silva, Skinner, Smyth,
Solorio, Swanson, Torres, Valadao, Wieckowski, Yamada,
John A. Pérez
NO VOTE RECORDED: Alejo, Butler, Charles Calderon, Conway,
Feuer, Galgiani, Garrick, Gorell, Grove, Harkey, Jones,
Knight, Logue, Mansoor, Mendoza, Morrell, Olsen, Wagner,
Williams, Vacancy
MEL:mw 8/15/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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