BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1117| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 1117 Page 2 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 CONTINUED SB 1117 Page 3 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 CONTINUED SB 1117 Page 4 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 **** END **** CONTINUED SB 1117 Page 5 CONTINUED