Amended in Senate July 2, 2013

Amended in Assembly April 8, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 304

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 amended, 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. begin insert Existing law defines toxic air contaminant to include those pesticides that have been identified as hazardous air pollutants pursuant to federal law. end insert

This bill would require the director’s written determination regarding control measures for each pesticide and any formal written comments made by consulting agencies be made available to the public. The bill, for each pesticide for which a risk assessment has been completed that has been identified by the director as a toxic air contaminant begin delete and end delete begin insert based on its listing as a end insert federally identified begin delete as a end delete hazardous air pollutant, would require the director, in consultation with the Office of Environmental Health Hazard Assessment, the State Air Resources Board, and the air pollution control or air quality management districts in the affected counties, to determine the need for and appropriate degree of control measures, as specified. The bill would require the director’s written determination and any formal written comments made by consulting agencies in regard to control measures for these pesticides to 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 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, as specified, to adopt control measures to protect human health. The bill, if the director is unable to adopt control measures to protect human health within 2 years of the determination of the need for control measures, would require the director to submit a specified report to the appropriate committees of the Legislature setting forth the reasons that requirement has not been met and to update that report, as specified. The bill would require, with respect to any pesticide for which a determination of the need for control measures was made before January 1, 2014, that the 2-year period described above commence on January 1, 2014.

(3) 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 Office of Environmental
Health Hazard Assessment and the State Air Resources Board, the
director shall evaluate the health effects of pesticides that may be
or are emitted into the ambient air of California and that may be
determined to be a toxic air contaminant 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 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 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 Office of Environmental Health Hazard
Assessment shall provide an assessment of related health effects
of pesticides 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 that is or may be under evaluation
and 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, that portion of the information submitted
to the department 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 that is a trade secret, as specified
in Section 6254.7 of the Government Code, and 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 Office of Environmental Health Hazard
Assessment, prepare a report on the health effects of the pesticide
that may be determined to be a toxic air contaminant 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 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 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
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
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 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 director’s
written determination and any formal written comments made by
the consulting agencies shall be made available to the public.

(f) For each pesticide identified by the director as a toxic air
contaminant begin delete , as defined in subdivision (b) of Section 14021, end delete begin insert based
on its listing as a hazardous air pollutant end insert pursuant to Section
7412 of Title 42 of the United State Code for which a risk
assessment has been completed, the director, in consultation with
the Office of Environmental Health Hazard Assessment, the State
Air Resources Board, and the air pollution control or air quality
management districts in the affected counties, shall determine the
need for and appropriate degree of control measures. Any person
may submit written information for consideration by the director
in making determinations on control measures. The director’s
written determination and any formal written comments 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 those pesticides for which a need for control
measures has been determined pursuant to subdivision (e) or (f)
of Section 14023 and pursuant to provisions of this code, the
director, in consultation with the agricultural 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 that may cause or contribute
to significant adverse health effects. 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) or (f) of Section 14023, shall adopt control
measures to protect human health.

(2) (A) If the director is unable to adopt control measures to
protect human health within two years of the determination of the
need for control measures pursuant to paragraph (1), the director
shall submit a report to the appropriate committees of the
Legislature setting forth the reasons this requirement has not been
met.

(B) The director shall update the report submitted to the
appropriate committees of the Legislature pursuant to subparagraph
(A) every two years until the control measures have been adopted.

(C) If the registration for the use of a particular pesticide is
rescinded or if the director determines there has been a dramatic
decline in the use of a particular pesticide so that control measures
for that particular pesticide are no longer needed, the director shall
include this information in the report submitted to the appropriate
committees of the Legislature pursuant to subparagraph (A) and
the director’s obligations pursuant to paragraph (1) shall be deemed
to have been met.

(d) For purposes of this section, with respect to any pesticide
for which a determination of the need for control measures was
made before January 1, 2014, the two-year period described in
subdivision (c) shall commence on January 1, 2014.

(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.