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.