BILL ANALYSIS Ó
AB 304
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 304 (Williams)
As Amended July 2, 2013
Majority vote
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|ASSEMBLY: |78-0 |(May 30, 2013) |SENATE: |37-0 |(September 9, |
| | | | | |2013) |
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Original Committee Reference: E.S. & T.M.
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SUMMARY : Sets a two-year deadline for the Director of the
Department of Pesticide Regulation (DPR) to adopt control
measures to protect human health on any pesticide determined by
the Director to be a toxic air contaminant (TAC).
The Senate amendments specify that for each pesticide identified
by the Director of DPR as a TAC based on its listing as a
hazardous air pollutant, pursuant to federal law, for which a
risk assessment has been completed, the Director, after
consultation with several state agencies, shall determine the
need for and appropriate degree of control measures.
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
potential hazard to human health. Specifies that pesticides
that have been identified as hazardous air pollutants (HAPs)
pursuant to federal law shall be identified by the Director as
TACs.
2)Requires the Director of DPR, in consultation with Department
of Health Services (DHS) and the Air Resources Board (ARB), to
evaluate the health effects of pesticides that may be 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
AB 304
Page 2
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 Senate Appropriations
Committee:
1)Annual costs up to $120,000 through 2016 from the DPR Fund
(special) for the Office of Environmental Health Hazard
Assessment consulting responsibilities to DPR regarding TACs.
2)Annual costs up to $174,000 through 2016 from the DPR Fund for
the ARB's consulting responsibilities to the DPR regarding
TACs.
3)Minor and absorbable costs to the Department of Food and
Agriculture for its consulting responsibilities to DPR
regarding TACs.
COMMENTS :
1)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."
2)Also of major 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.
These restrictions only partially mitigate exposure to MITC.
MITC is still a problem because the drift of MITC was
responsible for 612 illnesses between 1997 and 2002 (DPR
Pesticide Illness Database).
AB 304
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3)This bill 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 hazardous air pollutant toxic air containments
(HAPTACs). Properly implemented and enforced, the TAC Act
could do a tremendous amount to reduce pesticide air
pollution.
Analysis Prepared by : Manny Hernandez / E.S. & T.M. / (916)
319-3965
FN:
0002102