BILL ANALYSIS
AB 21
Page 1
ASSEMBLY THIRD READING
AB 21 (Bonnie Lowenthal)
As Amended April 2, 2009
Majority vote
AGRICULTURE 5-1 ENVIRONMENTAL SAFETY
5-0
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|Ayes:|Galgiani, Arambula, Ma, |Ayes:|Chesbro, Davis, Feuer, |
| |Mendoza, Yamada | |Monning, Ruskin |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Fuller | | |
| | | | |
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APPROPRIATIONS 12-5
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|Ayes:|De Leon, Ammiano, Charles | | |
| |Calderon, Davis, Fuentes, | | |
| |Hall, John A. Perez, Price, | | |
| |Skinner, Solorio, Torlakson, | | |
| |Krekorian | | |
| | | | |
|-----+------------------------------+-+--------------------------|
|Nays:|Nielsen, Duvall, Harkey, | | |
| |Miller, | | |
| |Audra Strickland | | |
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SUMMARY : Requires the Department of Pesticide Regulation (DPR)
to review a report by the United Nations Technology and Economic
Assessment Panel (TEAP) on alternative and emission control
technologies for methyl bromide and submit comments to the
Legislature. Specifically, this bill :
1)States the economic benefits of ports, listing the employment
and wages, contributions by the seaport business to the
economy, and revenues at a national level.
2)States that California seaports are critical to this state's
economic health; that they handle one-fifth of the nation's
international trade; that some trading partners require the
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use of methyl bromide on products; describes methyl bromide
and its historic and current use; and, that it depletes ozone.
Further states that ethyl bromide poses a threat to humans,
animals and the environment, that its use is under careful and
appropriate regulation, and those who perform work with it
have the most stringent health and safety requirements
possible.
3)Requires DPR to review a report by TEAP on alternative and
emission control technologies for methyl bromide and submit
comments to the Legislature.
4)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;
b) Options or possibilities for recapture, containment, and
recycling of methyl bromide; and,
c) Technologies that could reduce or prevent emissions.
EXISTING LAW requires the Director (Director) of DPR to adopt
regulations that govern the use of methyl bromide and
chloropicrin as field fumigants, and authorizes the Director to
prescribe the time when, and the conditions under which, methyl
bromide and chloropicrin may be used in different areas of the
state. DPR and the United States (U.S.) Environmental
Protection Agency have classified methyl bromide as a
"Restricted Use Pesticide" i.e., a pesticide that may be
purchased and used only by certified applicators or persons
under their direct supervision. Special use permits are
required for the use of methyl bromide and it may only be used
under specified conditions, with required buffers, supervision
and other stated conditions.
California Code of Regulations (3CCR Section 6000) define
industrial use as "use within the confines of, or on property
necessary for, the operation of factories, processing plants,
packinghouses, or similar facilities, or use for or in a
manufacturing, mining, or chemical process. In California,
industrial use does not include use on rights-of-way.
Post-harvest commodity fumigations at facilities or on trucks,
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vans, or rail cars are normally industrial use."
FISCAL EFFECT : According to the Assembly Appropriations
Committee, costs associated with DPR reviewing the assessment
and submitting that review to the Legislature would likely be
less than $50,000.
COMMENTS : Methyl bromide comes from both natural and man-made
sources. It naturally occurs in the oceans and is also produced
in small quantities by certain terrestrial plants. Manufactured
sources are used for agricultural and industrial purposes as a
fumigant against a wide variety of pests, including spiders,
mites, fungi, plants, insects, nematodes, and rodents. It was
introduced as a pesticide in 1932, and was first registered in
the U.S. in 1961. Methyl bromide is recognized as a potent
ozone depleting substance.
The Montreal Protocol is an international treaty designed to
protect the ozone layer by phasing out the production of a
number of substances believed to be responsible for ozone
depletion. The treaty was opened for signature on September
1987 and entered into force on January 1, 1989, and has since
gone through seven revisions. Of those ozone-depleting
substances scheduled for phaseout, methyl bromide began at a 25%
reduction in 1999, increased to 50% in 2001, 70% in 2003 and was
100% in 2005. It is recognized that many parties rely on methyl
bromide for trade and conservation of biodiviersty uses, and
will use it until viable alternatives become available and
acceptable for quarantine and pre-shipment use. Exceptions to
the phaseout are uses for quarantine or governmental control,
critical and emergency uses.
TEAP has been in the process of developing a report for the next
convening of the Montreal Protocol signers in November 2009,
with a pre-report due July 2009. This report is to include the
technical and economic availability of alternative substances
and technologies for the main methyl bromide uses, by volume,
and of technologies for methyl bromide recovery, containment and
recycling. This report is to highlight areas where sufficient
information indicates opportunities for reductions in methyl
bromide use or emissions for quarantine and pre-shipment
purposes, including technically and economically feasible
alternatives and technologies for recapture and destruction of
methyl bromide, among other requirements.
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Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
FN: 0001049