BILL ANALYSIS �
AB 304
Page 1
ASSEMBLY THIRD READING
AB 304 (Williams)
As Amended April 8, 2013
Majority vote
ENVIRONMENTAL SAFETY 7-0
APPROPRIATIONS 17-0
-----------------------------------------------------------------
|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Harkey, Bigelow, |
| |Donnelly, Chesbro, Stone, | |Bocanegra, Bradford, Ian |
| |Ting | |Calderon, Campos, |
| | | |Donnelly, Eggman, Gomez, |
| | | |Hall, Ammiano, Linder, |
| | | |Pan, Quirk, Wagner, Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
-----------------------------------------------------------------
SUMMARY : Requires the Department of Pesticide Regulation (DPR),
within two years of the determination of the need for control
measures for pesticides determined to be toxic air contaminants
(TACs) or hazardous air pollutant toxic air contaminants
(HAPTACs), to adopt control measures to protect human health.
Specifically, this bill :
1)Requires the director of DPR's (director's) written
determination and any formal written comments made by
specified consulting agencies regarding the need for and
appropriate degree of control measures for each pesticide
listed as a TAC to be made available to the public.
2)Requires the director, for each HAPTAC for which a risk
assessment has been completed, to determine the need for, and
appropriate degree of, control measures.
3)Requires the director, within two years of the determination
of the need for control measures for TACs and HAPTACs, to
adopt control measures to protect human health.
EXISTING LAW :
1)Defines "toxic air contaminant" (TAC) as an air pollutant that
may cause or contribute to an increase in mortality or an
increase in serious illness, or that may pose a present or
AB 304
Page 2
potential hazard to human health. Specifies that pesticides
that have been identified as HAPs pursuant to federal law
shall be identified by the director as TACs.
2)Requires the director, in consultation with DHS and the ARB,
to evaluate, as specified, 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 TAC which poses a present
or potential threat to human health.
3)Requires the director to determine, in consultation with DHS,
the ARB, 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 TAC.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, this bill would increase annual costs in the hundreds
of thousands of dollars to DPR for the adoption of control
measures and reporting.
COMMENTS :
Need for the bill : According to the author's office, "In 1983,
the California legislature passed the Toxic Air Contaminant
(TAC) Act with the intent of protecting public health from toxic
airborne pollutants, including pesticides. However,
California's law to protect the public from airborne
pesticides-most notably fumigants-is not functioning as
intended. Nearly 3 decades later, DPR has listed seven
pesticides and one product that is the result of pesticide
breakdown. This means DPR has listed eight products out of 900+
pesticides registered in the state. The exceptionally low rate
at which pesticides have been listed is concerning.
Of even greater concern, is the fact that DPR has taken far too
long to adopt mitigation measures for the listed products. For
example, the fumigant breakdown product methylisothiocyanate
(MITC) was declared a TAC in 2002; it took eight years for DPR
to issue suggested use restrictions. What's worse, these
restrictions only partially mitigate exposure to MITC. We know
that MITC is still a problem because drift of MITC was
responsible for 612 illnesses between 1997 and 2002 (DPR
AB 304
Page 3
Pesticide Illness Database).
AB 304 would require the director of the DPR to adopt control
measures for pesticides determined to be TACs within two years
of the department determining that additional mitigation
measures are necessary. This will provide a definitive time
frame for DPR to adopt mitigation measures for TACs and HAPTACs.
Properly implemented and enforced, the TAC Act could do a
tremendous amount to reduce pesticide air pollution. AB 304
does this by creating an enforceable timeline by which DPR shall
adopt mitigation measures meant to protect public health."
The toxic air contaminant (TAC) program : The Legislature
created the statutory framework for the evaluation and control
of chemicals as TACs with the enactment of California's Toxic
Air Contaminant Act (AB 1807, Tanner, Chapter 1047, Statutes of
1983). The statute defines TACs as air pollutants that may
cause or contribute to increases in serious illness or death, or
that may pose a present or potential hazard to human health.
Included in the definition are substances listed as hazardous
air pollutants (HAPs) under United States Code. DPR is
responsible for the evaluation of pesticides as TACs.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
FN: 0000832