BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1282| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1282 Author: Leno (D) and Allen (D) Amended: 5/31/16 Vote: 21 SENATE ENVIRONMENTAL QUALITY COMMITTEE: 4-2, 4/20/16 AYES: Wieckowski, Hill, Leno, Pavley NOES: Gaines, Bates NO VOTE RECORDED: Jackson SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SUBJECT: Pesticides: neonicotinoids: labeling and restricted material designation SOURCE: Bee Smart California DIGEST: This bill requires labeling of all commercially available seeds and plants treated with neonicotinoid pesticide and states that it is a violation of Business and Professions Code unfair business practice provisions not to do so and prohibits the use of neonicotinoid pesticides, and exempts certain uses. ANALYSIS: Existing federal law provides, under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), for federal regulation of pesticide distribution, sale, and use, and does the following: 1)Requires all pesticides to be registered by the United States Environmental Protection Agency (US EPA). SB 1282 Page 2 2)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. 3)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 state 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 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 two years, as specified. This bill: SB 1282 Page 3 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 this bill's provisions would be a misdemeanor, this bill imposes 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. 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 SB 1282 Page 4 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). 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 SB 1282 Page 5 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. 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), including measures to prohibiting or limiting the use of pesticides that are toxic SB 1282 Page 6 to bees. 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 DPR 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). SB 1282 Page 7 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 SB 1282 Page 8 report called for immediate regulatory action to restrict the use of neonicotinoids. "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 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. FISCAL EFFECT: Appropriation: No Fiscal Com.:NoLocal: No According to the Senate Appropriations Committee, this bill has minor fiscal impact on DPR to correspond with the public regarding new laws, and incorporate labeling requirements and the prohibition into regulations and guidance. SUPPORT: (Verified5/27/16) Bee Smart California (source) Azul Bee Bold Mendocino Bee Love Sacramento California Public Interest Research Group California ReLeaf Center for Biological Diversity Center for Food Safety City of Sacramento Clean Water Action SB 1282 Page 9 Defenders of Wildlife Ecological Farming Association Environmental Working Group Environment California Food & Water Watch Friends of the Earth Healdsburg Citizens for Sustainable Solutions High Shams Ranches LabelGMOs.org Pesticide Action Network Sacramento Food Policy Council Sierra Club California Slow Food California Thanksgiving Coffee Turning Green UrbanBeeSF Wine and Water Watch Xerces Society for Invertebrate Conservation OPPOSITION: (Verified5/27/16) Agricultural Council of California Almond Hullers and Processors Association American Pistachio Growers Apartment Association, California Southern Cities Apartment Association of Orange County California Agricultural Aircraft Association California Agricultural Commissioners & Sealers 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 League of Food Processors California Manufacturers and Technology Association SB 1282 Page 10 California Retailers Association California Seed Association California Tomato Growers Association Consumer Specialty Products Association CropLife America East Bay Rental Housing Association Family Winemakers of California North Valley Property Owners Association Nursery Growers Association RISE San Diego Flower and Plant Association Western Agricultural Processors Association Western Growers Association Western Plant Health Association Prepared by:Rachel Machi Wagoner / E.Q. / (916) 651-4108 5/31/16 22:15:39 **** END ****