BILL ANALYSIS Ó
AB 1789
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Date of Hearing: April 29, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
AB 1789 (Williams) - As Amended: April 22, 2014
SUBJECT : Pesticides: neonicotinoids: reevaluation:
determination.
SUMMARY : Requires, on or before July 1, 2018, the Department
of Pesticide Regulation (DPR) to issue a determination with
respect to its reevaluation of neonicotinoid pesticides.
Specifically, this bill :
1)Makes legislative findings about the importance of bees to
California's agricultural economy, the rapid decline of bee
colonies in the United States, and the intent of the
Legislature to set a timeline for completion of the
reevaluation of neonicotinoid compounds.
2)Requires, on or before July 1, 2018, DPR to issue a
reevaluation of neonicotinoids.
3)Requires, within two years after making the reevaluation, DPR
to adopt any control measures necessary to protect pollinator
health.
4)Requires, if DPR is unable to adopt control measures necessary
to protect pollinator health within two years, DPR to submit a
report to the appropriate committees of the Legislature
setting forth the reasons that they were unable to do so.
Requires DPR to update the report submitted to the appropriate
committees of the Legislature every year until it adopts the
control measures necessary to protect pollinator health.
EXISTING LAW :
1)Provides, under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), for federal regulation of pesticide
distribution, sale, and use.
a) Requires all pesticides to be registered by the United
States Environmental Protection Agency (US EPA).
b) Authorizes the Administrator of the US EPA, if a
pesticide generally causes unreasonable adverse effects on
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the environment, to take actions to cancel its registration
or to change its classification.
c) Authorizes a State to regulate the sale or use of any
federally-registered pesticide or device in the state, but
only if and to the extent the regulation does not permit
any sale or use prohibited by FIFRA.
2)Authorizes the State's pesticide regulatory program and
mandates DPR to, among other things, provide for the proper,
safe, and efficient use of pesticides essential for the
production of food and fiber and for the protection of public
health and safety, and protect the environment from
environmentally harmful pesticides by prohibiting, regulating,
or ensuring proper stewardship of those pesticides. (Food and
Agriculture Code (FAC) § 11401 et seq.)
3)Requires every manufacturer of, importer of, or dealer in any
pesticide, as specified, to obtain a certificate of
registration from DPR before the pesticide is offered for
sale. (FAC § 12811)
4)Requires, if during or after the registration of a pesticide
the registrant has factual or scientific evidence of any
adverse effect or risk of the pesticide to human health,
livestock, crops, or the environment that has not been
previously submitted to DPR, the registrant to submit the
evidence to DPR. Authorizes the director of DPR to adopt
regulations to carry out the reevaluation process. (FAC §
12825.5)
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the author, "Since 2006,
beekeepers have reported an increase in colony losses to more
than double what is considered normal for the industry.
Scientists have been unsuccessful in linking these losses to a
single root cause, but there is general consensus that there are
likely multiple factors acting together causing a reduction in
bee colony health? Among these factors is the widespread use of
neonicotinoids, which are acutely toxic to bees, but better for
overall public health than organophosphate compounds they
replaced? Based on data submitted to DPR showing a potential
hazard to honey bees from imidacloprid, DPR initiated a
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reevaluation process for imidacloprid and three related
neonicotinoid compounds in February of 2009: thiamethoxam,
clothianidin, and dinotefuran? DPR has been working with the
registrants (manufacturers) to acquire additional data on
neonicotinoid residues found in pollen, nectar, and leaf samples
of a variety of plant species. DPR is also asking registrants
to conduct studies on the acute toxicity of the compounds on
honey bee larvae. Several rounds of studies have been requested
from registrants. Some are in the midst of being conducted and
others have been received and are under review? A timeline to
complete the reevaluation will help to prioritize and expedite
reviews of submitted reports so the science can be evaluated in
a more timely manner."
Bees in California : On October 16, 2013, the Assembly
Environmental Safety and Toxic Materials Committee and the
Assembly Agriculture Committee held a joint oversight hearing
focusing on the bee colony collapse disorder in California.
Discussed at the hearing was the fact that many of California's
agricultural commodities use the pollination services of bees,
including almond, apple, avocado, cherry, kiwi, pear,
prunes/plums, alfalfa seed, cucumbers, cantaloupes, honeydew,
watermelons, and sunflowers. Almonds, a $3 billion industry in
California, are entirely dependent on bees for pollination.
Beginning in October 2006, beekeepers began reporting losses of
30-90% of their hives. According to the Bee Informed
partnership, U.S. beekeepers lost 45% of the colonies in their
operation during the winter of 2012/2013. Those operating in
California almond orchards lost more than 50% of their bees
during that time. The Sacramento Bee reports that as many as
80,000 bee colonies have died or been damaged this year after
pollinating almond trees in the San Joaquin Valley alone. While
some colony loss is normal, this loss rate is rapid and
unsustainable.
The drastic and rapid decline of bee colonies is continuing to
be investigated, but known stressors on bee colony health
include tracheal mites, loss of available habitat with a rich
mix of nutritional pollens, inability of the bee immune system
to protect it from disease, lack of genetic diversity, toxic
plant pollens, and exposure to pesticides.
Pollinators and neonicotinoids: According to the US EPA,
neonicotinoids are a class of insecticides with a common mode of
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action that affects the central nervous system of insects,
causing paralysis and death. Some uncertainties have been
identified since the initial registration of neonicotinoids
regarding their potential environmental fate and effects,
particularly as they relate to pollinators. Data suggests that
neonicotinic residues can accumulate in pollen and nectar of
treated plants, potentially exposing pollinators to high levels
of the chemicals. Adverse effects data and bee kill incidents
have also been reported, highlighting the potential direct
and/or indirect effects of neonicotinic pesticides on
pollinators.
Federal action on neonicotinoids : US EPA's registration review
program seeks to ensure that, as the ability to assess risk
evolves and as policies and practices change, all registered
pesticides continue to meet the statutory standard of no
unreasonable adverse effects. In response to the reports of
neonicotinoids' potential adverse effects on pollinators, US EPA
decided to review the registration of all of the neonicotinoid
pesticides. The registration review docket for imidacloprid
opened in December 2008, and is scheduled for completion in 2016
- 2017. Acetamiprid (scheduled for completion in 2018 - 2019),
clothianidin (2017 - 2018), dinotefuran (2017 - 2018),
thiacloprid (2018 - 2019) and thiamethoxam (2017 - 2018) are all
also undergoing federal review.
In addition to the registration review program, on August 15,
2013, US EPA released new pesticide label requirements for
neonicotinoid pesticides that further restrict their use where
bees and other pollinators are present. Manufacturers of
pesticides were ordered to immediately (by Sept. 30, 2013)
change their labeling to include a bee hazard icon that provides
information on varying exposure and spray drift precautions.
Reevaluation of pesticide registration in California : According
to DPR, California regulations require DPR to investigate
reports of possible adverse effects to people or the environment
resulting from the use of pesticides. If a significant adverse
impact occurred or is likely to occur, regulations require DPR
to reevaluate the registration of the pesticide.
When a pesticide enters the reevaluation process, DPR reviews
existing data and may require registrants to provide additional
data to determine the nature or the extent of the potential
hazard or identify appropriate mitigation measures, if needed.
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DPR concludes reevaluations in a number of different ways. If
the data demonstrates that use of the pesticide presents no
significant adverse effects, DPR concludes the reevaluation
without additional mitigation measures. If additional
mitigation measures are necessary, DPR places appropriate
restrictions on the use of the pesticide to mitigate the
potential adverse effect. If the adverse impact cannot be
mitigated, DPR cancels or suspends the registration of the
pesticide product(s).
Reevaluation of neonicotinoids : In 2008, DPR received an
adverse effects disclosure pursuant to FIFRA regarding the
active ingredient imidacloprid. The disclosure included twelve
residue and two combination residue, honey, and bumble bee
studies of imidacloprid use on a number of ornamental plants.
DPR's evaluation of the data found high levels of imidacloprid
residue in leaves and blossoms of treated plants and increases
in residue levels over time. Data indicate that use of
imidacloprid on an annual basis may be additive, in that
significant residues from the previous use season appear to be
available to the treated plant. DPR found that, based on the
data on file at the time, foraging bees may be being exposed to
levels well above the lethal concentration.
On February 26, 2009, DPR placed into reevaluation chemicals in
the nitroguanidine insecticide class of neonicotinoids and
containing the following active ingredients: imidacloprid,
clothianidin, dinotefuran, and thiamethoxam. Thiamethoxam,
dinotefuran and clothianidin are in the same chemical family
(nitroguanidine nicotinoids) as imidacloprid, and have similar
characteristics, soil mobility, half-lives, and toxicity to
honeybees. The reevaluation involves 50 registrants and 282
pesticide products.
In September 2009, DPR notified registrants of the specified
neonicotinoid pesticides of the following data requirements:
field-based residue analysis in pollen and nectar from specific
agricultural orchard and row crops for each of the four active
ingredients, and a lethal concentration study on honey bees
starting at the larval stage through emergence.
DPR is currently collecting data and reviewing study results
from registrants as part of the reevaluation process. This bill
seeks to set a statutory deadline for completion of the
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reevaluation.
Recent related bills :
1)AB 2185 (Eggman). Requires the Department of Fish and
Wildlife and the Department of Transportation to encourage
apiculture on the lands that those departments respectively
manage. This bill is scheduled to be heard in the Assembly
Agriculture Committee on Wednesday, April 30, 2014.
2)AB 425 (Atkins, Chapter 587, Statutes of 2013). Requires DPR,
no later than February 1, 2014, to determine a leach rate for
copper-based antifouling paint used on recreational vessels
and to make recommendations for appropriate mitigation
measures that may be implemented to protect aquatic
environments from the effects of exposure to that paint if it
is registered as a pesticide.
3)AJR 29 (Allen, 2012). Would have urged the official
recognition of the importance of pollinators to our food
supply and environment, to declare the urgency of Colony
Collapse Disorder, and to promote healthy environments for all
pollinators. Held in the Senate.
REGISTERED SUPPORT / OPPOSITION :
Support
California State Grange
Center for Food Safety
Community Alliance With Family Farmers
Community Food and Justice Coalition
Ecological Farming Association
Food & Water Watch
Friends of the Earth
International Natural Beekeeping Federation
Northwest Center for Alternatives to Pesticides
Pesticide Action Network
Pollinator Stewardship Council
San Diego Beekeeping Society
Santa Barbara Food Alliance
Slow Food California
Opposition
None received.
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Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965