Amended in Assembly August 14, 2014

Amended in Assembly June 4, 2014

Amended in Senate April 9, 2014

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 amended, 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, in consultation with a specified subcommittee of the director’s pesticide registration and evaluation committee, 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 that is detected and determined to be a result of lawful agricultural use, 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 require the department, for a pesticide whose continued use is allowed, to continuously review new science and data that could impact the validity of a finding that the pesticide has not polluted and does not threaten to pollute the groundwater of the state. The bill would require the department, as prescribed, to either mitigate the threat presented by the pollution or subject the pesticide again to specified review. 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 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.

(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.

(k) “Pollution” means the consequence of polluting.

(l) “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.

(m) “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 Internet 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.

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

(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 pesticides listed in the
Groundwater Protection List.

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 the Groundwater
Protection List, which shall include each active ingredient, other
specified ingredient, or degradation product of a pesticide that,
when applied, has the potential to pollute groundwater.

(e) The director, in consultation with the subcommittee created
pursuant to subdivision (b) of Section 13150, 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.

(f) Each active ingredient, other specified ingredient, or
degradation product of a pesticide on the Groundwater Protection
List that is detected begin insert pursuant to Sections 13148 and 13149 end insert and
determined to be a result of lawful agricultural use shall be
regulated to prevent groundwater pollution in accordance with this
article.

(g) 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.

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 in the Groundwater
Protection List, 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 the Groundwater Protection List,
including physicochemical characteristics and use practices of the
pesticides, indicate a probability that the pesticide may migrate to
the groundwaters of the state. The department shall monitor for
the active ingredient, other specified ingredient, or degradation
product of the pesticide listed in the Groundwater Protection List.
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 State
Department of Public Health and the board.

SEC. 5.  

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

13149.  

(a) Within 90 days after the active ingredient, other
specified ingredient, or degradation product of a pesticide is
detected under any of the conditions listed in paragraph (1) or (2),
the director shall determine whether the detection 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, other specified ingredient, or
degradation product 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,
other specified ingredient, or degradation product was found.

(C) Below the soil microbial zone.

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

(b) Upon a determination by the director that a pesticide meets
any of the conditions specified in paragraph (1) or (2) 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 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 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) (1) The department shall conduct ongoing soil and
groundwater monitoring of any pesticide whose continued use is
permitted following the issuance of findings by the director
pursuant to subdivision (d) of Section 13150. The department shall
continuously review new science and data that could impact the
validity of a finding that a pesticide reviewed pursuant to Section
13150 has not polluted and does not threaten to pollute the
groundwater of the state.

(2) If the department determines that there is new science or
data that could impact the validity of a finding described in
paragraph (1), the director shall either mitigate the threat presented
by the pollution or subject the pesticide again to the Section 13150
review process.

(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 insert paragraph (2), (3), or (4) of end insert
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 State
Department of Public Health, 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
Internet 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.