BILL ANALYSIS                                                                                                                                                                                                    Ó



                           SENATE COMMITTEE on AGRICULTURE
                          Senator Cathleen Galgiani, Chair

          BILL NO:    SB 1332                   HEARING:  04/01/14
          AUTHOR:   Wolk                        FISCAL:  Yes
          VERSION:  02/21/14                    CONSULTANT:  Anne Megaro
          
                  Pesticides: carbon monoxide pest control devices.

           SUMMARY  :

          This bill authorizes the director of the California Department  
          of Pesticide Regulation to adopt and enforce regulations that  
          provide for the proper, safe and efficient use of carbon  
          monoxide pest control devices for the protection of public  
          health and safety and the environment.  This bill provides that  
          violations are a misdemeanor and subject to prosecution or civil  
          penalty.
          

           BACKGROUND AND EXISTING LAW  :

          Carbon monoxide (CO) is a colorless, odorless gas that is toxic  
          in high concentrations.  CO is widely known for its danger in  
          households as it can be produced when a gas cooktop or  
          combustion engine is operated in an enclosed space, allowing CO  
          to accumulate to toxic, even fatal, concentrations.  Household  
          CO detectors are now commonly used to warn occupants of the  
          presence of CO.  However, due to its toxicity, CO has been found  
          to be a valuable tool in controlling burrowing rodent pests.

          Existing law authorizes the use of CO for the control of  
          burrowing rodent pests under specified conditions.  CO devices  
          must have a permanently affixed warning label that states  
          "DANGER" and warns that CO can kill within minutes, and that the  
          device shall never be used in structures inhabited by humans or  
          livestock.  Prior to 2011, the use of CO to kill animals was  
          prohibited, largely due to its use as a form of euthanasia at  
          pet shelters.  However, in 2011 AB 634 (Huber) determined that  
          CO could be used effectively in rural agricultural areas for the  
          control of burrowing rodent pests. (Food and Agricultural Code  
          §6025.4).

          Existing law authorizes the California Department of Pesticide  
          Regulation (DPR) to regulate pesticides to protect human health  
          and the environment.  At the local level, county agricultural  
          commissioners enforce pesticide laws and regulations.  Although  
          within DPR's jurisdiction, current law does not authorize DPR to  
          develop regulations on CO pest control devices.




          SB 1332 - Page 2



          Current law requires the secretary of the California Department  
          of Food and Agriculture (CDFA) to establish a research program  
          on the control of vertebrate pests that pose a significant  
          threat to the welfare of the state's agricultural economy,  
          infrastructure, and the public.  Among other purposes, the  
          program is specifically charged with investigating effective and  
          economical alternative methods for the control of vertebrate  
          pests, including CO to control burrowing rodent pests. (Food and  
          Agricultural Code §6025.5).
           

          PROPOSED LAW  :

           This bill:
           
             1.   Defines "carbon monoxide pest control device" to mean  
               any method using carbon monoxide to control burrowing  
               rodent pests.

             2.   Authorizes the director of DPR to adopt and enforce  
               regulations that provide for the proper, safe and efficient  
               use of carbon monoxide pest control devices for the  
               protection of public health and safety and the environment.

             3.   Provides that any violations of the provisions adopted  
               by DPR will be a misdemeanor and also be subject to the  
               provisions authorizing the action to be prosecuted civilly  
               by the director or for a county agricultural commissioner  
               to levy a civil penalty in lieu of prosecution as a  
               misdemeanor.

             4.   Makes technical amendments.


           COMMENTS  :
           
          Need for this bill:   According to the author, "Interest in  
          carbon monoxide devices for pest control has increased.   
          Initially, these devices were seen as potential tools for  
          farmers and ranchers to control burrowing rodents.  Supporters  
          claimed that when used in wide open agricultural spaces, carbon  
          monoxide devices would pose little or no threat.  However,  
          manufacturers of these devices are now marketing them to  
          schools, local governments and park districts as a  
          cost-effective way to control rodents.  With these devices  
          growing in popularity, it is necessary for California to ensure  





          SB 1332 - Page 3


          the safety of the operators of these devices and the public."

           CO regulation:   Current law does not allow DPR to regulate CO  
          devices, nor does it require such devices to be registered or  
          operators to be licensed.  County agricultural commissioners  
          have stated that if an unfortunate episode were to occur they  
          would have limited ability to track or respond to problems.   
          Additionally, current law requires licensing and registration  
          for other pest control products and operators, and this bill  
          would align CO with other pest control methods.  Furthermore,  
          DPR states that it is imperative that the authority be granted  
          to the department to establish regulations defining how, when,  
          and by whom CO pest control devices can be used, given that CO  
          can be deadly if used improperly.

           Double-referral:  The Senate Rules Committee has double referred  
          this bill to the Senate Environmental Quality Committee as the  
          second committee of referral.  Therefore, if this measure is  
          approved by this committee, the motion should include an action  
          to re-refer the bill to the Senate Committee on Environmental  
          Quality.



           
          RELATED LEGISLATION  :

          AB 634 (Huber), Chapter 407, Statutes of 2011.  Allows the use  
          of carbon monoxide to control burrowing vertebrate pests.

          SB 1659 (Kopp), Chapter 751, Statutes of 1998.  Bans the use of  
          carbon monoxide for the killing of any animal in California.  


           SUPPORT  :
          
          Department of Pesticide Regulation (Sponsor)
          California Agricultural Commissioners and Sealers Association
          California Rural Legal Assistance Foundation
          Pesticide Action Network North America
          Sierra Club California


           OPPOSITION  :
          
          None received






          SB 1332 - Page 4