BILL NUMBER: AB 1789	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 22, 2014

INTRODUCED BY   Assembly Member Williams

                        FEBRUARY 18, 2014

   An act to add Section 12838 to the Food and Agricultural Code,
relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1789, as amended, Williams. Pesticides: neonicotinoids:
reevaluation:  determination.   determination:
control measures. 
   Existing law requires pesticides to be registered by the
Department of Pesticide Regulation. Existing law requires that a
pesticide be thoroughly evaluated prior to registration, and provides
for the continued evaluation of registered pesticides.  A
violation of a regulation adopted by the department pursuant to this
authority is a crime. 
   This bill would require the department, by July 1,  2015,
to issue a proposed determination with respect to its reevaluation of
neonicotinoids, and to issue a final determination 6 months after
the department issues its proposed determination.  
2018, to issue a determination with respect to its reevaluation of
neonicotinoids. The bill would require the department, on or before 2
years after making this determination, to adopt any control measures
necessary to protect pollinator health.  
   The bill would require the department to submit a report to the
appropriate committees of the Legislature if the department is unable
to adopt those control measures and to update the report annually
until the department adopts those control measures. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTI   ON 1.    (a) The Legislature finds
and declares all of the following:  
   (1) Honey bees are vital to the pollination of many of California'
s crops, which are critical to our national food system and essential
to the economy of the state.  
   (2) Annual colony losses from 2006 to 2011, inclusive, averaged
about 33 percent each year, which is more than double what is
considered sustainable according to the United States Department of
Food and Agriculture.  
   (3) Scientists now largely agree that a combination of factors is
to blame for declining pollinator health, including lack of varied
forage and nutrition, pathogens and pests such as the Varroa mite,
and chronic and acute exposure to a variety of pesticides.  

   (4) Based on data submitted to the Department of Pesticide
Regulation showing a potential hazard to honey bees, the department
initiated a reevaluation process for four neonicotinoid compounds in
2009: imidacloprid, thiamethoxam, clothianidin, and dinotefuran.
 
   (b) It is the intent of the Legislature to set a timeline for
completion of the reevaluation of neonicotinoid compounds to ensure
that the Department of Pesticide Regulation completes a thorough,
scientifically sound, and timely analysis of the effects of
neonicotinoids on pollinator health. 
   SEC. 2.    Section 12838 is added to the  
Food and Agricultural Code   , to read: 
   12838.  (a) On or before July 1, 2018, the department shall issue
a determination with respect to its reevaluation of neonicotinoids.
   (b) (1) Within two years after making the determination specified
in subdivision (a), the department shall adopt any control measures
necessary to protect pollinator health.
   (2) If the department is unable to adopt necessary control
measures within two years as required in paragraph (1), the
department shall submit a report to the appropriate committees of the
Legislature setting forth the reasons the requirement of paragraph
(1) has not been met.
   (3) The department shall update the report submitted to the
appropriate committees of the Legislature pursuant to paragraph (2)
every year until the department adopts the necessary control measures
specified in paragraph (1).  
       
  SECTION 1.    Section 12838 is added to the Food
and Agricultural Code, to read:
   12838.  (a) By July 1, 2015, the department shall issue a proposed
determination with respect to its reevaluation of neonicotinoids.
The department shall accept public comments on its proposed
determination for a minimum of 30 days thereafter.
   (b) No later than six months after issuance of the proposed
determination, the department shall issue its final determination
with respect to its reevaluation of neonicotinoids, with a written
response to any comments received.
   (c) The department shall implement its final determination within
six months after the department issues the final determination.