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: 8/30/11 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
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
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
burrowing rodent pest control, as specified.
Senate Floor Amendments of 8/30/11 clarify the process for
regulation of the use of carbon monoxide for the control of
burrowing rodent pests by (1) narrowing the use of carbon
monoxide to kill just burrowing rodent pests, (2)
establishing requirements for a warning label to be placed
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on the carbon monoxide producing device, (3) clarifying
that the use of carbon monoxide as a pesticide be regulated
in accordance with existing pesticide laws, (4)
establishing a sunset date of January 1, 2018 for the above
provisions, and (5) directing the Vertebrate Pest Control
Research Advisory Committee to examine carbon monoxide as a
method to control pests. Also includes a statement of
legislative intent.
ANALYSIS :
Existing law:
1. Governs the regulation of pesticide use and generally
provides that, except for specified provisions that are
within the jurisdiction of the Secretary of the
Department of Food and Agriculture (DFA), the
enforcement of these provisions is the duty of the
Director of the Department of Pesticide Regulation.
2. Requires the Secretary of DFA to establish and
administer a research program to control "vertebrate
pests," as defined, including the investigation of
effective and economical alternative materials for the
control of vertebrate pests.
3. Limits the expenditure of funds for this research to
specified activities, including educational outreach
regarding vertebrate pest control methods.
4. Prohibits a person from killing an animal by using
carbon monoxide gas.
This bill:
1. Authorizes the use of carbon monoxide for the control of
burrowing rodent pests, only until January 1, 2018, and
only if the carbon monoxide delivery device is
permanently affixed with a specified warning label in
plain view of the operator, subject to specified
provisions governing (a) the protection of endangered
species, (b) the mode of taking a fur-bearing animal,
and (c) pest control operations and the use of
agricultural chemicals, as specified.
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2. Revises the provision requiring the Secretary of DFA to
establish a research program to control vertebrate
pests, including the investigation of alternative
materials, as described above, to specifically include
the use of carbon monoxide to control burrowing rodent
pests.
3. Makes a similar change to the provision authorizing the
expenditure of funds for educational outreach.
4. Includes a statement of legislative intent.
Background
The United States Department of Agriculture estimated in
2009 that California's farmers see crop losses caused by
burrowing rodent pests in excess of $500 million annually.
In addition to crop losses, burrowing rodents 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 burrowing rodent pest
control purposes in legal in 49 other states.
Comments
According to the author's office, California farmers and
ranchers have limited options when trying to control pest
infestations damaging their crops. Many control methods
are only effective during certain seasons and in certain
situations. California farmers need expanded methods of
burrowing rodent pest control. Carbon monoxide is an
additional tool for pest control and is a safe, targeted,
and humane method. New and improved pest control
technologies, such as the use of carbon monoxide, will
benefit farmers by cutting down crop and equipment damage
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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.: Yes
Local: No
SUPPORT : (Verified 9/2/11)
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
California Grape and Tree Fruit League
California Seed Association
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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 9/2/11)
Center for Biological Diversity (prior to amendments of
8/30/11)
Defenders of Wildlife (prior to amendments of 8/30/11)
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 burrowing rodent pests. 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.
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,
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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 9/2/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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