BILL ANALYSIS Ó
SB 1117
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator Jerry Hill, Chair
2013-2014 Regular Session
BILL NO: SB 1117
AUTHOR: Monning
AMENDED: As Introduced
FISCAL: Yes HEARING DATE: April 2, 2014
URGENCY: No CONSULTANT: Rachel Machi
Wagoner
SUBJECT : PESTICIDE CONTAMINATION PREVENTION ACT
SUMMARY :
Existing law : The Pesticide Contamination Prevention Act (PCPA)
requires the Department of Pesticide Regulation (DPR) to:
1) Obtain environmental data for agricultural pesticides before
they can be registered for use in California.
2) Identify, and include in the Groundwater Protection List,
agricultural pesticides with the potential to pollute
groundwater.
3)Sample wells for presence of agricultural pesticides in
groundwater.
4) Obtain, report, and analyze the results of well sampling for
pesticides conducted by public agencies.
5) Formally review a detected pesticide to determine if its
continued use can be allowed.
6) Adopt use modifications to protect groundwater from pollution
if the formal review indicates that continued use can be
allowed.
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This bill :
1) Revises 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.
2)Removes the specific statistical method used to identify
potential groundwater pollutants from statute and requires the
DPR Director to develop a peer-reviewed method to determine
the potential to pollute groundwater, as specified.
3)Requires 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.
4)Deletes 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.
5)Makes conforming changes to provisions relating to the
detection and regulation of active ingredients, other
specified ingredients, and degradation products of pesticides.
6)Expands the director's authority to authorize the continued
use of pesticides under specified circumstances.
7)Specifies that those pesticides that are subject to ongoing
monitoring shall not be subject to review again unless the
director determines subsequent review is necessary.
8)Revises definitions applicable to the provisions above
relating to pesticide contamination prevention.
COMMENTS :
1) Purpose of Bill . SB 1117 allows DPR to better ensure that
harmful pesticides stay out of California's groundwater by
enabling DPR to update the statistical method used to
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identify potential groundwater pollutants and to mitigate or
cancel the use of a pesticide if its breakdown product is
found to pollute groundwater.
According to DPR, while PCPA strengthens DPR's authority to
prevent groundwater pollution, the scientific method
detailed in current law to determine which pesticides may
move to groundwater is outdated and was never peer reviewed.
This statutorily prescribed method results in DPR
identifying and monitoring for some potential pollutants
that are highly unlikely to move to groundwater, while
potentially missing others. Also, under PCPA, DPR does not
have the authority to mitigate pesticides if only their
breakdown product, and not the parent pesticide, is found to
pollute. When PCPA was passed, the technology we have today
to find pesticide breakdown protections did not exist.
According to DPR, SB 1117 would amend PCPA to allow DPR to
develop a peer-reviewed method to determine which pesticides
may move to groundwater, thus allowing DPR to better focus
time and resources on monitoring for those pesticides that
pose the greatest risk. Additionally, the bill requires DPR
to review and potentially cancel or modify the use of a
pesticide, if that pesticide's breakdown products are found
in groundwater.
2) Background . DPR began addressing pesticide contamination of
groundwater in the early 1980's after the discovery of
contamination from the legal application of the fumigant
dibromochloropropane. Reports of additional pesticides in
groundwater resulted in the passage of PCPA in 1985.
3) Amendments needed .
a) The bill removes the specific statistical methodology
used to identify potential groundwater pollutants from
statute and instead directs the Director of DPR to develop
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a peer-reviewed method to determine the potential to
pollute groundwater.
Because this methodology is used to identify specific
pesticides, the mobility of specific pesticides in water,
and potential human health impacts of pesticides in
groundwater, the bill should be amended to require that
the methodology be developed in consultation with the
State Water Resources Control Board and the Office of
Environmental Health Hazard Assessment.
b) The bill specifies that those pesticides that are
monitored pursuant to PCPA but do not require mitigation
shall not require further review unless the director
determines subsequent review is necessary. This does not
take into account scientific information that may impact
the mitigation of a pesticide of which the director may
not be made aware. For instance, if the Office of
Environmental Health Hazard Assessment updates a Public
Health Goal (PHG) or DPH updates a Maximum Contaminant
Level (MCL) for a pesticide monitored under PCPA, there is
no requirement that DPR re-review that pesticide in
groundwater.
This bill should be amended to require periodic review of
monitored pesticides: occurring once every five years and
automatically triggered sooner than the five years by a
revised PHG or MCL, rather than at the discretion of the
director.
4) Double Referral to Senate Agriculture Committee . If this
measure is approved by the Senate Environmental Quality
Committee, the do pass motion must include the action to
re-refer the bill to the Senate Agriculture Committee.
SOURCE : Department of Pesticide Regulation
SUPPORT : California Rural Legal Assistance Foundation
Clean Water Action
Community Water Center
Pesticide Action Network
OPPOSITION : None on file
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