BILL NUMBER: AB 304 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 2, 2013
AMENDED IN ASSEMBLY APRIL 8, 2013
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. Existing law defines toxic air contaminant to
include those pesticides that have been identified as hazardous air
pollutants pursuant to federal law.
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 and based on its listing as a
federally identified as a 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 , as defined in subdivision (b) of Section
14021, based on its listing as a hazardous air
pollutant 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.