BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1332|
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THIRD READING
Bill No: SB 1332
Author: Wolk (D)
Amended: 4/21/14
Vote: 21
SENATE AGRICULTURE COMMITTEE : 5-0, 4/1/14
AYES: Galgiani, Cannella, Berryhill, Lieu, Wolk
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/30/14
AYES: Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Pesticides: carbon monoxide pest control devices
SOURCE : Department of Pesticide Regulation
DIGEST : This bill requires the Director of the Department of
Pesticide Regulation (DPR) to adopt and enforce regulations that
provide for the proper, safe and efficient use of carbon
monoxide (CO) 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.
ANALYSIS :
Existing law:
1.Allows a county agricultural commissioner to impose a civil
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penalty for violations related to pesticides.
2.Permits the use of CO pest control devices for burrowing
rodents if the delivery device is properly labeled. The
devices are subject to regulations under the California
Endangered Species Act, the Department of Fish and Wildlife,
and DPR.
This bill:
1.Defines "carbon monoxide pest control device" to mean any
method or instrument using CO to prevent, eliminate, destroy,
or mitigate burrowing rodent pests.
2.Specifies that a county agricultural commissioner may impose a
civil penalty for the use of CO pest control devices.
3.Clarifies the definition of violation from serious to Class A.
4.Requires the Director of DPR to regulate the use of CO pest
control devices, and requires the Director to adopt and
enforce regulations to provide for the proper, safe, and
efficient use of these devices for the protection of public
health and safety, and the environment.
Background
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.
AB 634 (Huber, Chapter 407, Statutes of 2011) allowed for the
first time the use of CO for the control of burrowing rodents.
However, the law was placed in the Food and Agricultural Code,
which is not under the purview of DPR. According to the
author's office, while the law references the sections of Food
and Agricultural Code which regulate pesticides, the fact that
CO is not a purchased product, but instead is produced on
location by a device, means DPR cannot register CO as a
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pesticide and regulate its use. The author's office states that
since the passage of AB 634, interest in CO devices for pest
control has increased. Supporters of these devices claimed that
when used in wide open agricultural spaces, CO 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. The
author claims that with these devices growing in popularity, it
is necessary for California to ensure the safety of the
operators of these devices and the public.
Prior Legislation
SB 1659 (Kopp, Chapter 751, Statutes of 1998) bans the use of CO
for the killing of any animal in California.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/12/14)
Department of Pesticide Regulation (source)
California Agricultural Commissioners and Sealers Association
California Rural Legal Assistance Foundation
Californians for Pesticide Reform
Pesticide Action Network, North America
Sierra Club California
ARGUMENTS IN SUPPORT : DPR, the sponsor of this bill, writes
that CO has the potential to be a more benign alternative for
pest management; however, if used improperly, CO can be deadly.
DPR claims that therefore, it is imperative because they are the
state body charged with ensuring the safe use of pesticides,
that they have the authority to establish regulations defining
how, when, and by whom these devices can be used.
JL:e 5/13/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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