BILL NUMBER: AB 304 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Williams
FEBRUARY 12, 2013
An act to amend Sections 14022, 14023, and 14024 of the Food and
Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
AB 304, as introduced, Williams. Pesticides: toxic air
contaminant: control measures.
(1) Existing law requires the Director of Pesticide Regulation,
upon completion of an evaluation of a pesticide, to prepare a report
on the health effects of any pesticide determined to be a toxic air
contaminant that poses a present or potential hazard to human health
due to airborne emission from its use, as specified. Existing law
requires this report to be made available to the public, as
specified. Existing law also requires the director to determine, in
consultation with specified agencies, the need for and appropriate
degree of control measures for each pesticide listed as a toxic air
contaminant.
This bill would require the written determination regarding
control measures for each such pesticide and all findings made by
consulting agencies be made available to the public.
(2) Existing law requires, for those pesticides for which a need
for control measures has been determined, the director, in
consultation with specified agencies, to develop control measures
designed to reduce emissions sufficiently so the source will not
expose the public to the levels of exposure that may cause or
contribute to significant adverse health effects. Existing law
requires, after a public hearing, the director to adopt, by
regulation, control measures, including application of the best
practicable control techniques for those pesticides for which a need
has been determined.
This bill would include pesticides identified by the director as
toxic air contaminants within the list of pesticides for which the
director is required to develop control measures, as specified above.
This bill would further require the director to follow specified
consultation procedures and would require the director, within 2
years of the determination of the need for control measures or
following a risk assessment of a pesticide identified as a toxic air
contaminant, to adopt control measures to protect human health or
report to the appropriate committees of the Legislature why control
measures have not been adopted. The bill would require, with respect
to any pesticide for which a determination of the need for control
measures was made before to January 1, 2014, that the 2-year period
described above commence on January 1, 2014.
This bill also would make nonsubstantive changes to these
provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14022 of the Food and Agricultural Code is
amended to read:
14022. (a) In consultation with the State Department of
Health Services Office of Environmental Health Hazard
Assessment and the State Air Resources Board, the director
shall evaluate the health effects of pesticides which
that may be or are emitted into the ambient air
of California and which that may be
determined to be a toxic air contaminant which
that poses a present or potential hazard to human health.
Upon request of the State Air Resources Board, the director shall
include a pesticide for evaluation.
(b) The director shall complete the evaluation of a pesticide
within 90 days after receiving the scientific data specified in
subdivision (c) from the State Department of Health Services
Office of Environmental Health Hazard Assessment
and the State Air Resources Board. The director may extend the
90-day deadline for a period not to exceed 30 days if the director
transmits to the Assembly Committee on Rules and the Senate Committee
on Rules, for transmittal to the appropriate standing, select, or
joint committee of the Legislature, a statement of reasons for
extension of the deadline.
(c) In conducting this evaluation, the director shall consider all
available scientific data, including, but not limited to, relevant
data provided by the State Department of Health Services
Office of Environmental Health Hazard Assessment
, the Occupational Safety and Health Division of the Department of
Industrial Relations, international and federal health agencies,
private industry, academic researchers, and public health and
environmental organizations. At the request of the director, the
State Air Resources Board shall document the level of airborne
emissions and the State Department of Health Services
Office of Environmental Health Hazard Assessment
shall provide an assessment of related health effects of pesticides
which that may be determined to pose a
present or potential hazard and each agency shall provide technical
assistance to the department as it conducts its evaluation.
(d) The director may request, and any person shall provide,
information on any substance which that
is or may be under evaluation and which that
is manufactured, distributed, or used by the person to whom
the request is made, in order to carry out his or her
responsibilities pursuant to this chapter. Any person providing
information pursuant to this subdivision shall identify ,
at the request of the director, identify that
portion of the information submitted to the department which
that is a trade secret and, upon the request of
the director, shall provide documentation to support the claim of
the trade secret. Information supplied which
that is a trade secret, as specified in Section 6254.7 of the
Government Code, and which that is so
marked at the time of submission shall not be released to the public
by the director, except in accordance with Section 1060 of the
Evidence Code and Section 21160 of the Public Resources Code.
(e) The director shall give priority to the evaluation and
regulation of substances based on factors related to the risk of harm
to public health, amount or potential amount of emissions, manner of
usage of the pesticide in California, persistence in the atmosphere,
and ambient concentrations in the community.
SEC. 2. Section 14023 of the Food and Agricultural Code is amended
to read:
14023. (a) Upon completion of the evaluation conducted pursuant
to Section 14022, the director shall, in consultation and with the
participation of the State Department of Health Services
Office of Environmental Health Hazard Assessment
, prepare a report on the health effects of the pesticide
which that may be determined to be a toxic air
contaminant which that poses a present
or potential hazard to human health due to airborne emission from its
use. The report shall assess the availability and quality of data on
health effects, including potency, mode of action, and other
relevant biological factors, of the substance. The report shall also
contain an estimate of the levels of exposure which
that may cause or contribute to adverse health
effects and, in the case where there is no threshold of significant
adverse health effects, the range of risk to humans, resulting from
current or anticipated exposure. The report shall include the
findings of the State Department of Health Services
Office of Environmental Health Hazard Assessment
. The report shall be made available to the public, subject to
subdivision (d) of Section 14022.
(b) The report prepared pursuant to subdivision (a) shall be
formally reviewed by the scientific review panel established
according to Section 39670 of the Health and Safety Code. The
director shall also make available the data deemed necessary to the
scientific review panel, according to departmental procedures
established to ensure confidentiality of proprietary information. The
panel shall review, as appropriate, the scientific data on which the
report is based, the scientific procedures and methods used to
support the data, and the conclusions and assessments on which the
report is based. The panel shall submit its written findings to the
director within 45 days after receiving the report, but it may
petition the director for an extension of the deadline, which may not
exceed 15 working days.
(c) If the scientific review panel determines that the health
effects report is seriously deficient, the report shall be returned
to the director who shall revise and resubmit the report, within 30
days following receipt of the panel's determination, to the panel
prior to before development of emission
control measures.
(d) Within 10 working days following receipt of the findings of
the scientific review panel pursuant to subdivision (b), the director
shall prepare a hearing notice and a proposed regulation
which that shall include the proposed
determination as to whether a pesticide is a toxic air contaminant.
After conducting a public hearing pursuant to Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code, the director shall list, by regulation, pesticides
determined to be toxic air contaminants.
(e) The director shall determine, in consultation with the
State Department of Health Services Office of
Environmental Health Hazard Assessment , the State Air
Resources Board, and the air pollution control districts or air
quality management districts in the affected counties, the need for
and appropriate degree of control measures for each pesticide listed
as a toxic air contaminant pursuant to subdivision (d). Any person
may submit written information for consideration by the director in
making determinations on control measures. The written
determination and all findings made by the consulting agencies shall
be made available to the public.
SEC. 3. Section 14024 of the Food and Agricultural Code is amended
to read:
14024. (a) For pesticides identified by the director as
toxic air contaminants, as described in subdivision (b) of Section
14021, and for those pesticides for which a need for control
measures has been determined pursuant to subdivision (e) of Section
14023 and pursuant to provisions of this code, the director, in
consultation with the agricultural commissioners and
commissioners, air pollution control districts
, and air quality management districts in the affected
counties, shall develop control measures designed to reduce emissions
sufficiently so that the source will not expose the public to the
levels of exposure which that may cause
or contribute to significant adverse health effects. Where
If no demonstrable safe level or threshold of
significant adverse health effects has been established by the
director, the control measures shall be designed to adequately
prevent an endangerment of public health through the application of
best practicable control techniques.
(b) Best practicable control techniques may include, but are not
limited to, the following:
(1) Label amendments.
(2) Applicator training.
(3) Restrictions on use patterns or locations.
(4) Changes in application procedures.
(5) Reclassification as a restricted material.
(6) Cancellation.
(c) (1) The director shall follow the consultation procedures set
forth in subdivision (a) and, within two years of the determination
of the need for control measures pursuant to subdivision (e) of
Section 14023 or following a risk assessment of a pesticide
identified as a toxic air contaminant pursuant to Section 14021,
shall adopt control measures to protect human health or submit a
report to the appropriate committees of the Legislature setting forth
the reasons that this requirement has not been met.
(2) Reports submitted pursuant to this subdivision shall be
submitted in compliance with Section 9795 of the Government Code.
(d) For purposes of this section, with respect to any pesticide
for which a determination of the need for control measures was made
before to January 1, 2014, the two-year period described in
subdivision (c) shall commence on January 1, 2014.
(c)
(e) After conducting a public hearing pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the director shall adopt, by
regulation, control measures, including application of the best
practicable control techniques enumerated in subdivision (b) or any
other best applicable control technique, for those pesticides for
which a need has been determined.