Senate Bill No. 1117

Introduced by Senator Monning

February 19, 2014

An act to amend Sections 13142, 13144, 13145, 13148, 13149, and 13152 of the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

SB 1117, as introduced, Monning. Pesticide Contamination Prevention Act.

Existing law requires the registration of pesticides in this state for agricultural use, and requires a person who has registered a pesticide to submit specified information for each active ingredient in each pesticide registered. Existing law requires the Department of Pesticide Regulation to establish specific numerical values for factors relating to pesticide use and groundwater, including, among others, water solubility and field dissipation, and to post certain information on its Internet Web site for each pesticide registered. Existing law requires the Director of Pesticide Regulation to establish, by regulation, a Groundwater Protection List that includes pesticides that have the potential to pollute groundwater, and, under certain circumstances, to regulate their use.

This bill would revise the information required to be included in the Groundwater Protection List to include each active ingredient, other specified ingredient, or degradation product of a pesticide that, when applied, has the potential to pollute groundwater, and would require the director to develop a peer reviewed method to determine that potential, as specified. The bill would require the director to regulate each active ingredient, other specified ingredient, or degradation product of a pesticide on the Groundwater Protection List, and would revise the information that the department is required to post on its Internet Web site. The bill would delete provisions requiring dealers of pesticides to make quarterly reports to the director on certain sales of pesticides to persons who are not required to file a report, as specified. The bill would make conforming and other related changes to provisions relating to the detection and regulation of active ingredients, other specified ingredients, and degradation products of pesticides.

Existing law specifies that the director may authorize the continued registration, sale, and use of a pesticide found to have migrated, including if an active ingredient is found in the groundwaters in the state, to avoid severe economic hardship on the state’s agricultural industry. Existing law requires the department to conduct ongoing soil and groundwater monitoring of those pesticides for which the director has authorized continued registration, sale, and use.

This bill would expand the director’s authority to authorize the continued use of pesticides under specified other circumstances, and would specify that those pesticides that are subject to ongoing monitoring shall not be subject to review again unless the director determines subsequent review is necessary. The bill would revise the definitions applicable to the provisions above relating to pesticide contamination prevention.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 13142 of the Food and Agricultural Code
is amended to read:

13142.  

For begin delete the end delete purposes of this article, the following definitions
apply:

(a) “Active ingredient” has the same meaning as defined in
Section 136 of Title 7 of the United States Code.

(b) “Agricultural use” has the same meaning as defined in
Section 11408.

(c) “Board” means the State Water Resources Control Board.

(d) “Chemigation” means a method of irrigation whereby a
pesticide is mixed with irrigation water before the water is applied
to the crop or to the soil.

(e) “Degradation product” means a substance resulting from
the transformation of a pesticide by physicochemical or
biochemical means.

(f) “Groundwater protection data gap” means that, for a
particular pesticide, the director, after study, has been unable to
determine that each study required pursuant to subdivision (a) of
Section 13143 has been submitted or that each study submitted
pursuant to subdivision (a) of Section 13143 is valid, complete,
and adequate.

(g) “Henry’s Law constant” is an indicator of the escaping
tendency of dilute solutes from water and is approximated by the
ratio of the vapor pressure to the water solubility at the same
temperature.

(h) “Pesticide” is defined in Section 12753.

(i) “Pesticide registrant” means a person that has registered a
pesticide pursuant to this chapter.

begin insert

(j) “Pollute” means to introduce a pesticide product into the
groundwaters of the state resulting in an active ingredient, other
specified ingredient, or a degradation product of a pesticide above
a level that does not cause adverse health effects, accounting for
an adequate margin of safety.

end insert begin delete

(j)

end delete

begin insert (k) end insert  “Pollution” means begin delete the introduction into the groundwaters
of the state of an active ingredient, other specified product, or
degradation product of an active ingredient of a pesticide above a
level, with an adequate margin of safety, that does not cause
adverse health effects. end delete begin insert the consequence of polluting. end insert

begin delete

(k)

end delete

begin insert (l) end insert  “Soil adsorption coefficient” is a measure of the tendency
of pesticides, or their biologically active transformation products,
to bond to the surfaces of soil particles.

begin delete

(l)

end delete

begin insert (m) end insert  “Soil microbial zone” means the zone of the soil below
which the activity of microbial species is so reduced that it has no
significant effect on pesticide breakdown.

SEC. 2.  

Section 13144 of the Food and Agricultural Code is
amended to read:

13144.  

(a) The department shall establish specific numerical
values for water solubility, soil adsorption coefficient (Koc),
hydrolysis, aerobic and anaerobic soil metabolism, and field
dissipation. The values established by the department shall be at
least equal to those established by the Environmental Protection
Agency. The department shall revise the numerical values when
the department finds that the revision is necessary to protect the
groundwater of the state. The numerical values established or
revised by the department shall always be at least as stringent as
the values being used by the Environmental Protection Agency at
the time the values are established or revised by the department.

(b) On or before December 31, 2004, and updated at least
annually thereafter, the director shall post the following information
on the department’s begin insert Internet end insert Web site for each pesticide registered
for agricultural use and during years that specific numerical values
are revised:

(1) A list of each active ingredient, other specified ingredient,
or degradation product of an active ingredient of a pesticide for
which there is a groundwater protection data gap.

begin delete

(2) A list of each pesticide that contains an active ingredient,
other specified ingredients, or degradation product of an active
ingredient that is greater than one or more of the numerical values
established pursuant to subdivision (a), or is less than the numerical
value in the case of soil adsorption coefficient, in both of the
following categories:

end delete begin delete

(A) Water solubility or soil adsorption coefficient (Koc).

end delete begin delete

(B) Hydrolysis, aerobic soil metabolism, anaerobic soil
metabolism, or field dissipation.

end delete begin insert

(2) The Groundwater Protection List established pursuant to
subdivision (d) of Section 13145.

end insert

(3) For each pesticide listed pursuant to paragraph (2) for which
information is available, a list of the amount sold in California
during the most recent year for which sales information is available
and where and for what purpose the pesticide was used, when this
information is available in the pesticide use report.

(c) The department shall determine, to the extent possible, the
toxicological significance of the begin delete degradation products and other
specified ingredients identified pursuant to paragraph (2) of
subdivision (b). end delete begin insert pesticides listed in the Groundwater Protection
List. end insert

SEC. 3.  

Section 13145 of the Food and Agricultural Code is
amended to read:

13145.  

(a) Any registrant of a pesticide identified in paragraph
(1) of subdivision (b) of Section 13144 is subject to a fine of up
to ten thousand dollars ($10,000) for each day the groundwater
protection data gap exists. In determining the amount of the fine,
the director shall consider both of the following:

(1) The extent to which the registrant has made every effort to
submit valid, complete, and adequate information within the
required time limits.

(2) Circumstances beyond the control of the registrant that have
prevented the registrant from submitting valid, complete, and
adequate information within the required time limits.

(b) If there is a dispute between the director and a registrant
regarding the existence of a groundwater protection data gap and
the director desires to levy a fine on the registrant pursuant to this
section, the director shall submit the issues of the dispute to the
subcommittee created pursuant to subdivision (b) of Section 13150.
The subcommittee shall review the evidence submitted by the
registrant and the director and make recommendations to the
director on whether or not the groundwater data gap exists.

(c) Subdivisions (a) and (b) shall not apply to pesticide products
whose registration has lapsed or has been canceled, or to products
that have been granted a current extension pursuant to Section
13143.

(d) The director shall, by regulation, establish begin delete a list of pesticides
that have the potential to pollute groundwater. The list shall be
entitled end delete the Groundwater Protection List begin delete . Notwithstanding Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of
Title 2 of the Government Code, the director shall immediately
place all pesticides identified in paragraph (2) of subdivision (b)
of Section 13144 on the Groundwater Protection List and shall
regulate the use of these pesticides if the pesticide is intended to
be applied to or injected into the soil by ground-based application
equipment or by chemigation, or the label of the pesticide requires
or recommends that the application be followed, within 72 hours,
by flood or furrow irrigation. The director shall adopt regulations
to carry out this article. The regulations shall include, but are not
limited to, the following: end delete begin insert , which shall include each active
ingredient, other specified ingredient, or degradation product of
a pesticide that, when applied, has the potential to pollute
groundwater. end insert

begin insert

(e) The director shall develop a peer reviewed method to
determine the potential of a pesticide to pollute groundwater using
specific numerical values established pursuant to subdivision (a)
of Section 13144. The director may revise this method, subject to
peer review. The peer review shall be conducted using the same
process as described in Section 57004 of the Health and Safety
Code. When a chemical is listed by regulation using this method,
no further peer review of the method is required.

end insert begin insert

(f) Each active ingredient, other specified ingredient, or
degradation product of a pesticide on the Groundwater Protection
List that is detected shall be regulated to eliminate the potential
to pollute groundwater.

end insert begin delete

(1)

end delete

begin insert (g) end insert  Any person who uses a pesticide that has been placed on
the Groundwater Protection List and does not file a report pursuant
to Section 12979, is required to report to the county agricultural
commissioner the use of the pesticide on a form prescribed by the
director. The reporting deadline shall conform to the deadline
established for the reporting of the use of restricted materials.

begin delete

(2) Dealers of pesticides shall make quarterly reports to the
director of all sales of pesticides that have been placed on the
Groundwater Protection List to persons who are not otherwise
required to file a report pursuant to either paragraph (1) or Section
12979. This report shall include lists of all sales by purchases.

end delete

SEC. 4.  

Section 13148 of the Food and Agricultural Code is
amended to read:

13148.  

(a) In order to more accurately determine the mobility
and persistence of the pesticides identified begin delete pursuant to paragraph
(2) of subdivision (b) of Section 13144 end delete begin insert in the Groundwater
Protection List, end insert and to determine if these pesticides have migrated
to groundwaters of the state, the director shall conduct soil and
groundwater monitoring statewide in areas of the state where the
pesticide is primarily used or where other factors identified
pursuant to Section 13143 and begin delete subdivision (b) of Section 13144, end delete
begin insert the Groundwater Protection List, end insert including physicochemical
characteristics and use practices of the pesticides, indicate a
probability that the pesticide may migrate to the groundwaters of
the state. begin insert The department shall monitor for the active ingredient,
other specified ingredient, or degradation product of the pesticide
listed in the Groundwater Protection List. end insert The monitoring shall
commence within one year after the pesticide is placed on the
Groundwater Protection List and shall be conducted in accordance
with standard protocol and testing procedures established pursuant
to subdivision (b). Monitoring programs shall replicate conditions
under which the pesticide is normally used in the area of
monitoring. In developing a monitoring program, the director shall
coordinate with other agencies that conduct soil and groundwater
monitoring.

(b) Within 90 days after a pesticide is placed on the Groundwater
Protection List pursuant to subdivision (d) of Section 13145, the
director, in consultation with the board, shall develop a standard
protocol and testing procedure for each pesticide identified pursuant
to subdivision (d) of Section 13145.

(c) The director shall report all monitoring results to the begin delete State
Department of Health Services end delete begin insert State Department of Public Health end insert
and the board.

SEC. 5.  

Section 13149 of the Food and Agricultural Code is
amended to read:

13149.  

(a) Within 90 days after begin delete a end delete begin insert the active ingredient, other
specified ingredient, or degradation product of a listed end insert pesticide
is begin delete found end delete begin insert detected end insert under any of the conditions listed in paragraph
begin delete (1), (2), or (3), end delete begin insert (1) or (2), end insert the director shall determine whether the
begin delete pesticide end delete begin insert detection end insert resulted from agricultural use in accordance
with state and federal laws and regulations, and shall state in
writing the reasons for the determination.

(1) An active ingredient begin insert , other specified ingredient, or
degradation product end insert of a pesticide has been found at or below the
deepest of the following depths:

(A) Eight feet below the soil surface.

(B) Below the root zone of the crop where the active ingredient begin insert ,
other specified ingredient, or degradation product end insert was found.

(C) Below the soil microbial zone.

(2) An active ingredient begin insert , other specified ingredient, or
degradation product end insert of a pesticide has been found in the
groundwaters of the state.

begin delete

(3) The pesticide has degradation products or other specified
ingredients that pose a threat to public health and that have been
found under the conditions specified for active ingredients in either
paragraph (1) or (2).

end delete

(b) Upon a determination by the director that a pesticide meets
any of the conditions specified in paragraph begin delete (1), (2), or (3) end delete begin insert (1) or
(2) end insert of subdivision (a) as a result of agricultural use in accordance
with state and federal laws and regulations, the director shall
immediately notify the registrant of the determination and of the
registrant’s opportunity to request a hearing pursuant to subdivision
(c).

(c) Any pesticide that meets any of the conditions in subdivision
(b) shall be subject to Section 13150 if the registrant of the
pesticide requests, within 30 days after the notice is issued, that
the subcommittee conduct a hearing, as described in Section 13150.
Notwithstanding any other begin delete provision of end delete law, if the registrant does
not request the hearing within 30 days after the notice is issued,
the director shall cancel the registration of the pesticide.

(d) For begin delete the end delete purposes of this section, any finding of a pesticide
shall result from either an analytical method approved by the
department that provides unequivocal identification of a chemical,
such as mass spectroscopy, or from verification, within 30 days,
by a second analytical method or a second analytical laboratory
approved by the department.

SEC. 6.  

Section 13152 of the Food and Agricultural Code is
amended to read:

13152.  

(a) The department shall conduct ongoing soil and
groundwater monitoring of any pesticide whose continued use is
permitted begin insert following the issuance of findings by the director end insert
pursuant to begin delete paragraph (3) of end delete subdivision (d) of Section 13150.
begin insert Pesticides that are monitored pursuant to this subdivision shall
not be subject to review again pursuant to Section 13150 unless
the director makes a determination that subsequent review is
necessary. end insert

(b) Any pesticide monitored pursuant to this section that is
determined, by review of monitoring data and any other relevant
data, to pollute the groundwaters of the state two years after the
director takes action pursuant to begin delete paragraph (3) of end delete subdivision (d)
of Section 13150 shall be canceled unless the director has
determined that the adverse health effects of the pesticide are not
carcinogenic, mutagenic, teratogenic, or neurotoxic.

(c) The department shall maintain a statewide database of wells
sampled for pesticide active ingredients. All agencies shall submit
to the department, in a timely manner, the results of any well
sampling for pesticide active ingredients and the results of any
well sampling that detect any pesticide active ingredients.

(d) Not later than June 30, 1986, the director, the begin delete State
Department of Health Services end delete begin insert State Department of Public Health end insert ,
and the board shall jointly establish minimum requirements for
well sampling that will ensure precise and accurate results. The
requirements shall be distributed to all agencies that conduct well
sampling. All well sampling conducted after December 1, 1986,
shall meet the minimum requirements established pursuant to this
subdivision.

(e) The department shall post the following information on its
begin insert Internet end insert Web site, updated no later than December 1 of each year:

(1) The number of wells sampled for pesticide active ingredients,
the location of the wells from which the samples were taken, the
well numbers, if available, and the agencies responsible for drawing
and analyzing the samples.

(2) The number of well samples with detectable levels of
pesticide active ingredients, the location of the wells from which
the samples were taken, the well numbers, if available, and the
agencies responsible for drawing and analyzing the samples.

(3) An analysis of the results of well sampling described in
paragraphs (1) and (2), to determine the probable source of the
residues. The analysis shall consider factors such as the physical
and chemical characteristics of the pesticide, volume of use and
method of application of the pesticide, irrigation practices related
to use of the pesticide, and types of soil in areas where the pesticide
is applied.

(4) Actions taken by the director and the board to prevent
pesticides from migrating to groundwaters of the state.