BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          AB 1789 (Williams) - Pesticides: neonicotinoids: reevaluation:  
          determination: control measures.
          
          Amended: April 22, 2014         Policy Vote: EQ 6-0
          Urgency: No                     Mandate: No
          Hearing Date: June 30, 2014                       Consultant:  
          Marie Liu     
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: AB 1789 would require the Department of Pesticide  
          Regulation (DPR) to issue a determination regarding its  
          reevaluation of neonicotinoids and within two years after making  
          the determination, adopt control measures necessary to protect  
          pollinator health.

          Fiscal Impact: 
           On-going cost pressures in the mid to high hundreds of  
            thousands of dollars from the Department of Pesticide  
            Regulation Fund (special) for the required determination and  
            adoption of control measures.

          Background: Chapter 2 of Division 7 of the Food and Agricultural  
          Code (Commencing with §12751) establishes the state's pesticide  
          regulatory program and requires that DPR, among other things,  
          provide for the proper, safe, and efficient use of pesticides;  
          protection of public health and safety; and protection of the  
          environment from environmentally harmful pesticides by  
          prohibiting, regulating, or ensuring proper stewardship of those  
          pesticides. Specifically, §12824 requires the director to  
          eliminate from use any pesticide that endangers the agricultural  
          or nonagricultural environment. 

          Neonicotinoids are a class of insecticides that affect the  
          central nervous system of insects causing paralysis and death.  
          Concerns have been raised since the initial registration of  
          neonicotinoids regarding their potential environmental fate and  
          effects, particularly as the relate to pollinators. In 2009, DPR  
          began reevaluating a class of neonicotinoids in response to its  
          evaluation of data that found that foraging bees may be exposed  
          to levels of the insecticide well above the lethal  








          AB 1789 (Williams)
          Page 1


          concentration. 

          Proposed Law: This bill would require DPR to make a  
          determination regarding the registration of neonicotinoids by  
          July 1, 2018. Within two years of making this determination, DPR  
          would be required to adopt any measures that might be necessary  
          to protect pollinator health.

          If DPR is not able to adopt control measures within two years of  
          making its determination, DPR would be required to annually  
          report to the Legislature regarding the delay.

          Staff Comments: DPR is currently undertaking the reevaluation  
          that is required to make the determination that would be  
          required by this bill. As this is a high priority for DPR, the  
          costs of the reevaluation and future determination are currently  
          being absorbed within their current budget. DPR further  
          estimates that developing the control measures required by the  
          bill once the determination is made will also be absorbable.  
          However, this bill would make these activities mandatory instead  
          of discretionary. In the event that DPR's priorities change,  
          they would still be required to take the actions required by the  
          bill. As such, this bill imposes cost pressures equivalent to  
          DPR's current efforts. Staff estimates these costs to be, at a  
          minimum, in the mid to high hundreds of thousands of dollars  
          annually.