BILL ANALYSIS
AB 21
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Date of Hearing: April 14, 2009
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Wesley Chesbro, Chair
AB 21 (Bonnie Lowenthal) - As Amended: April 2, 2009
SUBJECT : Methyl bromide.
SUMMARY: Requires the Department of Pesticide Regulation (DPR)
to review a report by the United Nations Technology and Economic
Assessment Panel (TEAP) on alternatives and emission control
technologies for methyl bromide and submit comments to the
legislature. Specifically, this bill :
1)Makes a series of legislative findings including:
a) Finding that these are economic benefits of California
seaports, and lists the employment and wage contributions
of the seaport business to the economy, and as well as
contribution of revenues at a national level.
b) Finds that US and California trading partners require
the use of methyl bromide on products, describes methyl
bromide and its historic and current use and that it
depletes ozone.
c) Finds that methyl bromide poses a threat to humans,
animals and the environment, and those who perform work
with it would benefit from the most stringent health and
safety requirements possible.
2)Requires the DPR to review a report by the TEAP on
alternatives and emission control technologies for methyl
bromide and submit comments to the legislature.
3)The review and comments on the TEAP report by DPR shall
include comments on the findings of the panel, focusing on
those issues that are relevant to California, including:
a) Alternatives to methyl bromide use; and,
b) Options or possibilities for recapture, containment, and
recycling of methyl bromide; and,
c) Technologies that could reduce or prevent emissions.
AB 21
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EXISTING LAW :
1)Establishes regulations governing the restricted materials
permit which are issued by the County Agricultural
Commissioners. Permits are conditioned to mitigate exposure
to sensitive areas and include the use of mitigation measures
such as buffer zones, alternatives (including unnecessary or
optional use of methyl bromide), and the posting of warning
signs.
2)Requires that emissions from fumigation chambers at ports are
regulated by local air districts and Air Resources Control
Board.
FISCAL EFFECT : Minor cost to the DPR for the review and report
on methyl bromide.
COMMENTS: According to the author of AB 21 methyl bromide has
a global warming effect that is five times greater than carbon
dioxide and the majority of it continues to be vented into the
atmosphere from fumigation practices. Even though safety
measures may ensure that residents near commodity fumigation
facilities are safe, trace amounts of methyl bromide contribute
to poor ambient air quality in communities near the ports.
The Coalition for Clean Air, the sponsors of this bill, suggests
that the state needs to examine technologies that can best
reduce or eliminate methyl bromide emissions from commodity
fumigation facilities. The DPR is best poised to evaluate
emission reduction technologies for methyl bromide. The TEAP is
preparing a report on methyl bromide alternatives and emission
control technologies. The draft report is scheduled to be
complete in July of this year.
AB 21
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According to the report by the World Health Organization<1>
Methyl bromide is widely used for fumigating post-harvest
commodities, such as wheat and cereals, spices, nuts, dried and
fresh fruits, and tobacco. Some foods, such as nuts, seeds, and
fatty foods like cheese, tend to retain methyl bromide and
inorganic bromide. People living in close proximity to fields,
greenhouses, or stores fumigated with methyl bromide, could be
at risk of exposure to the gas. Occupational exposure to methyl
bromide is the most probable hazard for operators during
production, filling processes, and fumigation operations.
REGISTERED SUPPORT / OPPOSITION :
Support
Coalition for Clean Air (Sponsor)
AFSCME
Consumer Attorneys of California
International Longshore and Warehouse Union
Pesticide Watch
South Coast Air Quality Management District
Opposition
None on file.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965
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<1> International Programme On Chemical Safety, Environmental
Health Criteria 166, Methyl Bromide, World Health Organization,
Geneva, 1995.