BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1117
          Author:   Monning (D)
          Amended:  4/9/14
          Vote:     21


           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  6-0, 4/2/14
          AYES:  Hill, Gaines, Hancock, Jackson, Leno, Pavley
          NO VOTE RECORDED:  Fuller, Vacancy, Vacancy

           SENATE AGRICULTURE COMMITTEE  :  4-0, 4/24/14
          AYES:  Galgiani, Cannella, Berryhill, Lieu
          NO VOTE RECORDED:  Wolk

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8


           SUBJECT  :    Pesticide Contamination Prevention Act

           SOURCE  :     Department of Pesticide Regulation


           DIGEST  :    This bill updates and clarifies 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.  Expands DPR's authority to  
          allow the use of certain pesticides and requires DPR to  
          continuously review new data that will impact the validity of  
          previous findings on the potential for pesticides to pollute  
          groundwater.

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           ANALYSIS  :    

          Existing law:

          The Pesticide Contamination Prevention Act (PCPA) requires 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.

          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, in consultation with a specified subcommittee of  
            the Director's pesticide registration and evaluation  
            committee, 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  

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            pesticide on the Groundwater Protection List, and revises the  
            information that DPR 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.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 will  
            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 process.

          8.Revises definitions applicable to the provisions relating to  
            pesticide contamination prevention.

           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.

           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  

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          methodologies.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  No

           SUPPORT  :   (Verified  5/2/14)

          Department of Pesticide Regulation (source)  
           California Rural Legal Assistance Foundation
          Clean Water Action
          Community Water Center
          Pesticide Action Network

           ARGUMENTS IN SUPPORT  :    According to DPR, while PCPA  
          strengthens DPR's authority to prevent groundwater pollution,  
          the scientific method detailed in existing 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.

          This bill amends 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, this 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.


          RM:e  5/5/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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