BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1282 (Leno) - Pesticides: neonicotinoids: labeling and
restricted material designation
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|Version: February 19, 2016 |Policy Vote: E.Q. 4 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: May 9, 2016 |Consultant: Narisha Bonakdar |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1282 requires the Department of Pesticide
Regulations (DPR), on and after July 1, 2017, to require
labeling of all commercially available seeds and plants sold at
retail establishments, excluding noxious weed seeds and plants,
that have been treated with a neonicotinoid pesticide. The bill
also requires, by January 1, 2018, to designate neonicotinoid
pesticides as restricted materials.
Fiscal Impact: Significant cost impacts, potentially in the low
millions (General Fund), to DPR.
Background: Chapter 2 of Division 7 of the Food and Agricultural Code
(Commencing with §12751) establishes the state's pesticide
regulatory program and requires that DPR, among other things,
provide for the proper, safe, and efficient use of pesticides;
protection of public health and safety; and protection of the
environment from environmentally harmful pesticides by
prohibiting, regulating, or ensuring proper stewardship of those
pesticides. Specifically, §12824 requires the director to
eliminate from use any pesticide that endangers the agricultural
SB 1282 (Leno) Page 1 of
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or nonagricultural environment.
Neonicotinoids are a class of insecticides that affect the
central nervous system of insects causing paralysis and death.
Concerns have been raised since the initial registration of
neonicotinoids regarding their potential environmental fate and
effects, particularly as they relate to pollinators. In 2009,
DPR began reevaluating a class of neonicotinoids in response to
its evaluation of data that found that foraging bees may be
exposed to levels of the insecticide well above the lethal
concentration.
Based on data showing a potential hazard to honey bees, in 2009,
the Department of Pesticide Regulation initiated reevaluation of
pesticide products containing four neonicotinoid chemicals,
including imidacloprid, thiamethoxam, clothianidin, and
dinotefuran. DPR is required to complete its reevaluation by
July 1, 2018, and to adopt necessary control measures for these
pesticides by July 1, 2020.
Proposed Law:
This bill:
1) Requires 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.
2) Requires 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.
Related
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.
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Staff Comments:
DPR indicates General Fund costs of approximately $13 million
(as outlined below) to establish a new program to regulate the
sales of neonicotinoid treated seeds and plants. Costs include
developing new regulations; registering and tracking companies
that sell neonicotinoid treated plants and seed; enforcing
compliance with labeling requirements at the retail
establishments; and to enforce and monitor for neonicotinoids on
plants and seeds. DPR notes that General Fund monies are
required because seeds and plants are not pesticides so DPR will
not collect a mill on these products. Staff notes that
sufficient information to support some of the costs indicated
below was not available.
Regulation development $
33,000
Outreach (printing and contractual) $
350,000
Compliance and Enforcement $
9,100,000
Information technology $
3,600,000
Total $13,083,000
DPR also notes a potential revenue loss of $1.1 million annually
in mill assessments resulting from the designation of
neonicotinoid pesticides as a restricted material, as well as a
reduction of approximately $660,000 annually to the local county
agricultural commissions. It is unclear how much of these
potential revenue reductions would be offset by restricted
material fees, the purchases of alternative consumer use
pesticides, and mill assessments paid by certificated pesticide
applicators who could legally apply neonicotinoid pesticides
after 2018.
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