BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                       SB 1282|
          |Office of Senate Floor Analyses   |                              |
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                                   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).  








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          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:  








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          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  








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             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  








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             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  








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            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).









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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  








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             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








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          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








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          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


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