BILL ANALYSIS Ó
AB 1789
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: AB 1789
AUTHOR: Williams
AMENDED: April 22, 2014
FISCAL: Yes HEARING DATE: June 18, 2014
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : PESTICIDES: NEONICOTINOIDS
SUMMARY :
Existing law :
1)Provides, under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), for federal regulation of pesticide
distribution, sale, and use, and does the following:
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 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 the California Department of Pesticide Regulation
(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.
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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.
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.
This bill requires, on or before July 1, 2018, 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.
1)COMMENTS : Purpose of Bill . According to the author, this
bill provides "the impetus to complete the scientific
studies and review needed to formulate sound policy
regarding the use of neonicotinoid pesticides and their
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possible interaction with the health of honey bees.
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 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."
2)Pollinators and Neonicotinoids . According to the US EPA,
neonicotinoids are a class of insecticides with a common
mode of 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.
3)Federal Action on Neonicotinoids . US EPA's registration
review program seeks to ensure that, as the ability to
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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.
4)Labeling Requirement . 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.
5)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.
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
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mitigate the potential adverse effect. If the adverse
impact cannot be mitigated, DPR cancels or suspends the
registration of the pesticide product(s).
6)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 add significant residue 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
reevaluation.
7)Assembly Committee on Environmental Safety and Toxic
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Materials . 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.
8)Related legislation . 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.
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.
SOURCE : Santa Barbara Beekeepers Association
Pesticide Action Network, North America
SUPPORT : California State Grange
Center for Food Safety
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Community Alliance with Family Farmers
Community Food and Justice Coalition
Ecological Farming Association
Food & Water Watch
Friends of the Earth
International Natural Beekeeping Federation
Natural Resources Defense Council
Northwest Center for Alternatives to Pesticides
Pollinator Stewardship Council
San Diego Beekeeping Society
Santa Barbara Food Alliance
Slow Food California
OPPOSITION : None on file