BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
                               Senator Wieckowski, Chair
                                 2015 - 2016  Regular 
           
          Bill No:            SB 1282
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          |Author:    |Leno and Allen                                       |
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          |Version:   |2/19/2016              |Hearing      |4/20/2016       |
          |           |                       |Date:        |                |
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          |Urgency:   |No                     |Fiscal:      |Yes             |
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          |Consultant:|Rachel Machi Wagoner                                 |
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          SUBJECT:  Pesticides:  neonicotinoids:  labeling and restricted  
          material designation

            ANALYSIS:
          
          Existing federal law: 
          
          1)Provides, under the Federal Insecticide, Fungicide, and  
            Rodenticide Act (FIFRA), for federal regulation of pesticide  
            distribution, sale, and use, and does the following:  

             a)   Requires all pesticides to be registered by the United  
               States Environmental Protection Agency (US EPA).  

             b)   Authorizes the Administrator of the US EPA, if a pesticide  
               generally causes unreasonable adverse effects on the  
               environment, to take actions to cancel its registration or to  
               change its classification. 

             c)   Authorizes a state to regulate the sale or use of any  
               federally-registered pesticide or device in the state, but  
               only if and to the extent the regulation does not permit any  
               sale or use prohibited by FIFRA.

          Existing California law: 
          
          1)Authorizes the state's pesticide regulatory program and mandates  
            the California Department of Pesticide Regulation (DPR) to,  
            among other things, provide for the proper, safe, and efficient  
            use of pesticides essential for the production of food and fiber  







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            and for the protection of public health and safety, and protect  
            the environment from environmentally harmful pesticides by  
            prohibiting, regulating, or ensuring proper stewardship of those  
            pesticides.  

          2)Requires every manufacturer of, importer of, or dealer in any  
            pesticide, as specified, to obtain a certificate of registration  
            from DPR before the pesticide is offered for sale.  

          3)Requires, if during or after the registration of a pesticide the  
            registrant has factual or scientific evidence of any adverse  
            effect or risk of the pesticide to human health, livestock,  
            crops, or the environment that has not been previously submitted  
            to DPR, the registrant to submit the evidence to DPR.   
            Authorizes the director of DPR to adopt regulations to carry out  
            the reevaluation process.  
           
          4) Requires DPR, on or before July 1, 2018, to issue a  
             determination with respect to its reevaluation of  
             neonicotinoids, and to adopt control measures necessary to  
             protect pollinator health within 2 years, as specified.


          This bill:  


          1) Requires the Director of DPR, on and after July 1, 2017, to  
             require labeling of commercially available seeds and plants  
             sold at retail establishments, excluding noxious weed seeds and  
             plants, that have been treated with a neonicotinoid pesticide,  
             and, by regulation, 


          2) Requires the Director of DPR to designate neonicotinoid  
             pesticides as restricted materials by January 1, 2018.  Because  
             a violation of the regulations adopted pursuant to the bill's  
             provisions would be a misdemeanor, the bill would impose a  
             state-mandated local program.


          3) Allows the Director of DPR to exempt products sold or applied  
             by veterinarians from the restrictions and requirements  
             governing the use and possession of neonicotinoid pesticides.









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            Background
          
          1) Neonicotinoids.  According to the US EPA, neonicotinoids are a  
             class of insecticides with a common mode of action that affects  
             the central nervous system of insects, causing paralysis and  
             death.  Some uncertainties have been identified since the  
             initial registration of neonicotinoids regarding their  
             potential environmental fate and effects, particularly as they  
             relate to pollinators.  Data suggests that neonicotinic  
             residues can accumulate in pollen and nectar of treated plants,  
             potentially exposing pollinators to high levels of the  
             chemicals.  Adverse effects data and bee kill incidents have  
             also been reported, highlighting the potential direct and/or  
             indirect effects of neonicotinic pesticides on pollinators.  

          2) Pollinators and Neonicotinoids.  Factors affecting pollinator  
             health and bee colony losses due to Colony Collapse Disorder  
             began to be identified in 2006.  A National Research Council  
             report in 2007, Status of Pollinators in North America,  
             documented the decline of pollinators and discussed some of the  
             possible causes as well as research and other actions needed to  
             address the issue. 

             The prevailing theory among scientists in US EPA, United States  
             Department of Agriculture (USDA) and the global scientific and  
             regulatory community is that the general declining health of  
             honey bees is related to complex interactions among multiple  
             stressors including:


                 Pests (e.g., varroa mite), pathogens (e.g., the bacterial  
               disease American foulbrood) and viruses.


                 Poor nutrition (e.g., due to loss of foraging habitat and  
               increased reliance on supplemental diets).


                 Pesticide exposure.


                 Bee management practices (e.g., long migratory routes to  
               support pollination services).








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                 Lack of genetic diversity.


          In California, beekeepers lost 40% of their hives in the last  
          year.  Since 2006, there has been an average loss of 30% of  
          California hive.  Wild bee populations have declined by 23%  
          between 2003 and 2008 in the United States.


          Historically, US EPA's pesticide risk assessment process for bees  
          has been qualitative (i.e., not measured). The process relied  
          primarily on developing an understanding of the types of effects  
          that might be caused by the pesticide (hazard characterization),  
          based on toxicity studies.


          In 2011, US EPA began expanding the risk assessment process for  
          bees to quantify or measure exposures and relate them to effects  
          at the individual and colony level. This involved identifying  
          additional data that would be needed to inform that process. 


          In November, 2012, US EPA, in collaboration with Health Canada's  
          Pest Management Regulatory Agency and DPR, presented a  
          quantitative risk assessment process for bees and other insect  
          pollinators to the FIFRA Scientific Advisory Panel.


          US EPA has begun to employ its new risk assessment framework for  
          bees as part of its regulatory decision-making process for all  
          pesticide chemistries. The new framework relies on a tiered  
          process. 


             a)    The lowest tier (Tier I) is intended to serve as a  
                screening tool. It employs conservative assumptions  
                regarding exposure (i.e., assumptions that are likely to  
                overestimate exposure) and uses the most sensitive toxicity  
                estimates from laboratory studies of individual bees to  
                calculate risk estimates.










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             b)    Higher tiers (Tiers II and III) rely on characterization  
                of risk based on measured exposure values and colony-level  
                effects studies and so are more realistic.


             c)    Focuses on the major routes of exposure, including  
                contact exposure (e.g., from overspray or direct contact  
                with the pesticide on the plant surface) and dietary  
                exposure (e.g., from consumption of contaminated pollen or  
                nectar).


             d)    Distinguishes different types of pesticide treatments,  
                such as compounds applied to plant leaves or  
                seed/soil-applied (systemic) compounds.


            In June 2014, President Obama issued a memorandum establishing a  
            Pollinator Health Task Force, co-chaired by USDA and US EPA, to  
            create a National Pollinator Health Strategy that promotes the  
            health of honey bees and other pollinators (including birds,  
            bats, butterflies, and insects).  


            US EPA's actions to protect pollinators from pesticide exposure  
            include:


                 Proposing a plan to prohibit the use of pesticides that  
               are toxic to bees when crops are in bloom and bees are under  
               contract for pollination services. The plan also recommends  
               that states and tribes develop pollinator protection plans  
               and best management practices.


                 Prohibited the use of certain neonicotinoid pesticides  
               when bees are present.


                 Expediting the re-evaluation of the neonicotinoid family  
               of pesticides, as well as other pesticides, using the  
               harmonized risk assessment process.










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                 Temporarily halted the approval of new outdoor  
               neonicotinoid pesticide uses until new bee data is submitted  
               and pollinator risk assessments are complete.


                 Expediting the review of new Varroa mite control products.


                 Developing new bee exposure and effect testing priorities  
               for the registration of new pesticides, new pesticide uses,  
               and registration review of existing pesticides. 


                 Issued data requirements and risk assessment approaches  
               for pollinators as we review the registrations of all of the  
               neonicotinoid pesticides.


                 Established guidance and best practices for regional,  
               state and tribal inspectors conducting FIFRA inspections of  
               apparent cases of pesticide-related bee deaths.


                 Developing a new risk management approach for considering  
               the impacts of herbicides on monarch butterfly habitats and  
               protecting milkweed from pesticide exposure. 


                 Issued a benefits analysis of neonicotinoid seed  
               treatments for insect control in United States soybean  
               production.  EPA found neonicotinoid seed treatments were of  
               little or no benefit to U.S. soybean production.


                 Providing farmers and beekeepers with EPA's residue  
               toxicity time (RT25) data as a means of gauging the lengths  
               of time that specific pesticide products may remain toxic to  
               bees and other pollinators following application of these  
               products to plants.


                 Working with pesticide manufacturers to develop new  
               seed-planting technologies that will reduce dust that may be  
               toxic to pollinators during the planting of pesticide-treated  








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               seed.


                 Incorporating pollinator protection at EPA Facilities, on  
                epa.gov  , and in other EPA programs.


            In January, 2016, US EPA and DPR released their draft assessment  
            focused on how one of the most prominent neonicotinoids-Bayer's  
            imidacloprid-affects bees.  A finalized risk assessment is  
            expected by December, 2016.  


            This is the first of four risk assessments conducted by the US  
            EPA and DPR on the class of pesticides known as neonicotinoids.  
            The rest are slated for completion by the end of 2017, after  
            which the agency could tighten controls over the insecticides.


            Reviewing dozens of studies from independent and industry-funded  
            researchers, the US EPA's risk-assessment team established that  
            when bees encounter imidacloprid at levels above 25 parts per  
            billion-a common level for neonics in farm fields-they suffer  
            harm.  "These effects include decreases in pollinators as well  
            as less honey produced," the US EPA's press release states.   
            California already prohibits use of the chemical on almonds and  
            limits its application for other crops during bloom periods when  
            bees are most likely to be present.


            "Clearly, as a result of this, there might be more restrictions  
            coming," said Charlotte Fadipe, spokeswoman for the California  
            Department of Pesticide Regulation in a Los Angeles Times  
            article published January 6, 2016.


          1) Restricted use.  Restricted materials are pesticides deemed to  
             have a higher potential to cause harm to public health, farm  
             workers, domestic animals, honeybees, the environment,  
             wildlife, or other crops compared to other pesticides.  With  
             certain exceptions, restricted materials may be purchased and  
             used only by or under the supervision of a certified commercial  
             or private applicator under a permit issued by the County  
             Agricultural Commissioner (CAC).








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             Certification and licensing of commercial pesticide applicators  
             falls to DPR while certification of private applicators is  
             carried out by the CACs.


             California requires permits for restricted materials so that  
             the local CAC can assess, in advance, the potential effects of  
             the proposed application on health and the environment. Permits  
             are time - and site - specific, and include use practices to  
             reduce adverse effects. The CAC may deny permits or require  
             feasible alternatives to be used.

          2) Other States.  Several other states are considering similar  
             legislation, including Maryland.  On April 8, 2016 Maryland's  
             Legislature sent a bill restricting neonicotinoid use to the  
             Governor's desk.
            
          Comments
          
          1) Purpose of Bill.  According to the author, "the labeling of  
             neonicotinoid-treated plants and the restriction of the sale of  
             neonicotinoid pesticides to certified applicators will help to  
             protect bees and other pollinators, one of the most critical  
             components of our fragile ecosystem.

             Neonicotinoids are now the most widely used class of  
             insecticides in the world and their use continues to grow.  
             Research has shown that consumers often overuse neonicotinoids.  
             Products approved for home and garden use may be applied at  
             rates up to 120 times higher than what is approved for  
             agricultural uses.  According to a recent survey by the  
             Department of Pesticide Regulation, 39% of homeowners contract  
             with a certified pest control operator, while about 33% apply  
             pesticides themselves.

             In 2014, the Task Force on Systemic Pesticides, a group of  
             global, independent scientists studying the impact of  
             pesticides, reviewed more than 1100 peer-reviewed studies, and  
             concluded that neonicotinoids are a key factor in bee declines  
             and also harm other essential organisms. Their report called  
             for immediate regulatory action to restrict the use of  
             neonicotinoids. 








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             We must stop perpetuating this crisis by continuing the  
             irresponsible use of dangerous and toxic chemicals.  SB 1282 is  
             an opportunity to have a tremendously positive impact on a part  
             of our world to which we usually give very little thought.  
             Without bees and other pollinators, the world we live in would  
             be a very different place."

          Related/Prior Legislation
            
          1.AB 1789 (Williams, Chapter 578, Statutes of 2014) requires, on  
            or before July 1, 2018, the DPR to issue a reevaluation of  
            neonicotinoids and requires, within two years after making the  
            reevaluation, DPR to adopt any control measures necessary to  
            protect pollinator health. 
            
          DOUBLE REFERRAL:    

          If this measure is approved by the Senate Environmental Quality  
          Committee, the do pass motion must include the action to re-refer  
          the bill to the Senate Rules Committee.  

           SOURCE:                    Bee Smart California  

           SUPPORT:               
          Azul
          Bee Bold Mendocino
          Bee Love Sacramento
          California Public Interest Research Group (CALPIRG)
          California ReLeaf
          Center for Biological Diversity
          Center for Food Safety
          Clean Water Action
          Defenders of Wildlife
          Environmental Working Group
          Environment California
          Food & Water Watch
          Friends of the Earth
          Healdsburg Citizens for Sustainable Solutions
          LabelGMOs.org
          Pesticide Action Network (PAN)
          Sacramento Food Policy Council
          Sierra Club California
          Slow Food California








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          Thanksgiving Coffee 
          Turning Green
          UrbanBeeSF
          Wine and Water Watch
          Xerces Society for Invertebrate Conservation
           
           OPPOSITION:    

          Almond Hullers and Processors Association
          American Pistachio Growers
          California Agricultural Aircraft Association
          California Association of Nurseries and Garden Centers
          California Association of Pest Control Advisors
          California Chamber of Commerce
          California Citrus Mutual
          California Citrus Nursery Society
          California Cotton Ginners Association
          California Cotton Growers Association
          California Farm Bureau Federation
          California Fresh Fruit Association
          California Grocers Association
          California Manufacturers and Technology Association
          California Retailers Association
          California Tomato Growers Association
          California Seed Association
          CropLife America
          Family Winemakers of California
          Nursery Growers Association
          RISE
          San Diego Flower and Plant Association
          Western Agricultural Processors Association
          Western Growers Association
          Western Plant Health Association  

           ARGUMENTS IN  
          SUPPORT:    Supporters assert that "there is a wealth of  
          scientific literature showing adverse impacts to bees and other  
          pollinators from uses of neonicotinoids, and the EPA has confirmed  
          that these systemic insecticides can adversely impact bees. In  
          their 2015 proposed action, "Proposal to Mitigate Exposure to Bees  
          from Acutely Toxic Pesticide Products," the agency notes,  
          "Systemic pesticides and/or pesticides with prolonged residual  
          toxicity may result in residues in pollen and nectar at levels  
          that can impact bees and hive health."  These adverse impacts to  








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          bees and hive health can cause direct harm to growers as a result  
          of decreased pollination services." 

          Supporters assert that, "In addition to killing bees outright,  
          research shows that even low levels of these toxic pesticides  
          cause serious harm by impairing bees' ability to learn, find their  
          way back to the hive, collect food, produce new queens and mount  
          an effective immune response.   Additional studies on impacts to  
          bumblebees show that exposure to neonicotinoids is associated with  
          fewer queen bees, reduced reproduction, and impaired foraging and  
          homing abilities."

          Supporters state, "Neonicotinoids are now the most widely used  
          class of insecticides in the world and their use continues to  
          grow. Research has shown that consumers often overuse  
          neonicotinoids. Products approved for home and garden use may be  
          applied at rates up to 120 times higher than what is approved for  
          agricultural uses.  According to a recent survey by the Department  
          of Pesticide Regulation, 39% of homeowners contract with a  
          certified pest control operator, while about 33% apply pesticides  
          themselves." 

          Supporters are concerned that "consumers also may be unaware that  
          many 'bee friendly' garden plants and vegetable seedlings sold at  
          home garden centers have been pre-coated or pre-treated with these  
          bee-killing pesticides. According to a 2014 report, more than half  
          of "bee-friendly" plants purchased at Home Depot, Walmart, and  
          Lowes stores in 18 cities across the US and Canada had levels of  
          neonicotinoids at sufficient levels to kill bees outright."

          According to supporters, "SB 1282 will help consumers support  
          local bee populations by avoiding landscape plantings and  
          pesticide products that contain harmful neonicotinoids. In  
          addition, reclassifying neonicotinoids as "restricted materials"  
          will ensure that only licensed pesticide applicators are applying  
          these chemicals, properly and according to the labels in order to  
          minimize impacts to pollinators. California has the ability to be  
          a leader in protecting bees and other pollinators, one of the most  
          critical components of our food supply and fragile ecosystem."
           
           ARGUMENTS IN  
          OPPOSITION:    The oppositions states that, "hundreds of studies  
          on bee health have been published, adding to an extensive body of  
          knowledge on this issue.  The consensus of these studies points to  








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          multiple factors affecting bee health, especially lack of diverse  
          forage and the impact of parasites like the Varroa mite.  USDA and  
          US EPA convened a working group several years ago to address the  
          question of pollinator health.   Their report found the biggest  
          culprit to bee die-off to be the parasitic Varroa mite."

          The opposition argues that "SB 1282 creates serious problems for  
          others in the agriculture industry.  First, by changing the status  
          of the entire class of neonicotinoids to restricted use, this bill  
          threatens the future existence of California's $3 billion citrus  
          industry.  California citrus farmers have been fighting the spread  
          of the Asian Citrus Psyllid (ACP) for a number of years because of  
          its ability to transmit the deadly disease Huanglongibing (HLB),  
          which has no known cure and is the singular cause for destroying  
          citrus industries in other parts of the country and world."

          The opposition states that "the California Citrus industry  
          assesses itself $16 million annually to conduct an outreach and  
          educational program in urban parts of the state to restrict the  
                                spread of ACP."

          The opposition continues that "SB 1282 attempts to require a  
          warning label where science has yet to determine one is needed.   
          In California, DPR has the responsibility for risk assessment and  
          risk management for any registered pesticide used in California.   
          If a potential risk can be identified, DPR and US EPA will  
          mitigate that risk either through appropriate changes in use or  
          label restrictions."
           
           
                                           
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