BILL ANALYSIS Ó
SENATE COMMITTEE on AGRICULTURE
Senator Cathleen Galgiani, Chair
BILL NO: SB 1117 HEARING: 04/24/14
AUTHOR: Monning FISCAL: Yes
VERSION: 04/09/14 CONSULTANT: Anne Megaro
Pesticide Contamination Prevention Act
SUMMARY :
This bill would update and clarify the methodology used to
determine how pesticides are included on the Groundwater
Protection List by deleting prescribed scientific methods and
instead requiring the California Department of Pesticide
Regulation (DPR), in consultation with a specified subcommittee,
to develop peer-reviewed methods. This bill would expand DPR's
authority to allow the use of certain pesticides and would
require DPR to continuously review new data that would impact
the validity of previous findings on the potential for
pesticides to pollute groundwater. In addition, this bill would
make technical amendments.
BACKGROUND AND EXISTING LAW :
DPR is responsible for the regulation of pesticides to protect
human health and the environment. DPR is authorized to evaluate
the health impacts of pesticides, register pesticide products,
and continually monitor the air, water, and soil for pesticide
contamination.
The Pesticide Contamination Prevention Act of 1985 requires DPR
to specifically regulate pesticides that may contaminate
groundwater and to keep such pesticides on the Groundwater
Protection List. DPR is required to sample soil and groundwater
in areas where agricultural pesticides are used in order to
monitor for potential contamination, and DPR is required to
analyze and maintain a statewide database of well water
pesticide sampling conducted by public agencies. (Food and
Agricultural Code §13141-13152; CCR §6800).
The director of DPR has the authority, under specified
conditions, to allow for the continued registration, sale, and
use of a pesticide that has been found to have migrated into
soil or groundwater. DPR shall conduct ongoing soil and
groundwater monitoring of such pesticides and shall cancel
registration should the director determine the pesticide to be
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carcinogenic, mutagenic, teratogenic, or neurotoxic. (Food and
Agricultural Code §13150).
PROPOSED LAW :
This bill:
1. Amends "pollution" to "pollute."
2. Updates and clarifies the Groundwater Protection List to
include each active ingredient, other specified ingredient,
or degradation product of a pesticide that has the
potential to pollute groundwater.
3. Removes prescribed scientific methods used to determine
which pesticide products are added to the Groundwater
Protection List.
4. Clarifies that the manner of pesticide application be
considered when determining the potential to contaminate
groundwater.
5. Requires the director of DPR to develop, in consultation
with the State Water Resources Control Board and the State
Department of Health Services (whose authority has been
transferred to the Office of Environmental Health Hazard
Assessment), a peer reviewed method to determine the
potential of a pesticide to pollute groundwater. This
method may be revised subject to peer review.
6. Requires DPR to monitor for each active ingredient,
other specified ingredient, or degradation product of a
pesticide on the Groundwater Protection List.
7. Requires DPR to regulate each detected active
ingredient, other specified ingredient, or degradation
product of a pesticide on the Groundwater Protection List
to eliminate the potential to pollute groundwater.
8. Requires DPR, for a pesticide whose continued use is
permitted under specified conditions, to continuously
review new science and data that could impact the validity
of a finding that would either determine that a previously
reviewed pesticide is no longer a threat, or conversely,
that a previously reviewed pesticide could be a threat and
should be mitigated or subjected again to the review
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process.
9. Deletes the duplicative requirement that pesticide
dealers shall submit quarterly reports of pesticide sales.
10. Makes technical amendments.
COMMENTS :
Need for this bill: According to the author, "SB 1117 would
amend the Pesticide Contamination Prevention Act 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 which 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."
According to DPR, the technology to detect a pesticide's
breakdown product did not exist when the Pesticide Contamination
Prevention Act was passed, so DPR was not granted the authority
to mitigate or cancel a pesticide if only its breakdown, or
degradation, product was found to pollute.
Technological advances: In the last 30 years, scientists have
conducted research and developed new methodologies that better
identify pesticide potential to migrate into soil and
groundwater. Granting DPR the flexibility to develop and revise
scientific methods through a peer-reviewed process would allow
for the most current knowledge and methods to be used when
protecting human health. The peer-review process is standard in
the scientific community and essential to validate the quality
and credibility of research studies, publications, and
methodologies.
State Department of Health Services: This bill references code
sections that pertain to the State Department of Health
Services, which was eliminated by governmental reorganization
through the California Public Health Act of 2006. It would
provide clarity if these code sections were updated to reflect
the reorganization.
RELATED LEGISLATION :
AB 124 (Rainey), Chapter 361, Statutes of 1996. Substitutes
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"pesticide" for "economic poison," specifies that the state has
preemptive authority over local ordinances, and requires
record-keeping and reporting to increase accountability of the
Department of Pesticide Regulation Fund.
SB 162 (Ortiz and Runner), Chapter 241, Statutes of 2006.
Reorganizes the California Department of Health Services,
establishes and transfers certain responsibilities to the
California Department of Public Health.
PRIOR ACTIONS :
Senate Environmental Quality6-0
SUPPORT :
California Department of Pesticide Regulation (Sponsor)
American Congress of Obstetricians and Gynecologists, District
IX California
California Rural Legal Assistance Foundation
Californians for Pesticide Reform
Clean Water Action
Community Water Center
Pesticide Action Network North America
OPPOSITION :
None received