BILL ANALYSIS Ó
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UNFINISHED BUSINESS
Bill No: SB 1117
Author: Monning (D)
Amended: 8/14/14
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
SENATE FLOOR : 33-0, 5/12/14
AYES: Anderson, Beall, Berryhill, Block, Cannella, Corbett,
Correa, De León, DeSaulnier, Fuller, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Lara, Leno, Lieu, Liu,
Mitchell, Monning, Morrell, Padilla, Pavley, Roth, Steinberg,
Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Calderon, Evans, Gaines, Knight, Nielsen,
Wright, Yee
ASSEMBLY FLOOR : 76-0, 8/18/14 - See last page for vote
SUBJECT : Pesticide Contamination Prevention Act
SOURCE : Department of Pesticide Regulation
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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. Requires DPR, for a pesticide
whose continued use is allowed, to continuously review new data
that will impact the validity of previous findings on the
potential for pesticides to pollute groundwater.
Assembly Amendments delete the provision expanding the
director's authority to allow the use of certain pesticides;
specify that pesticides on the Groundwater Protection List
detected and determined to be a result of lawful agricultural
use, be regulated to prevent groundwater pollution; and make
clarifying changes.
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.
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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, 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
pesticide on the Groundwater Protection List that is detected
and determined to be a result of lawful agricultural use, 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.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.
7.Revises definitions applicable to the provisions relating to
pesticide contamination prevention.
Background
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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
methodologies.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 8/7/14) (Unable to reverify at time of
writing)
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,
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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.
ASSEMBLY FLOOR : 76-0, 8/18/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Chávez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hernández, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Muratsuchi, Nazarian,
Nestande, Olsen, Pan, Perea, John A. Pérez, V. Manuel Pérez,
Quirk, Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas,
Skinner, Stone, Ting, Wagner, Waldron, Weber, Wieckowski,
Wilk, Williams, Yamada, Atkins
NO VOTE RECORDED: Gomez, Mullin, Patterson
RM:e 8/18/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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