BILL NUMBER: AB 1176 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Williams
(Coauthor: Assembly Member Monning)
FEBRUARY 18, 2011
An act to amend Sections 14023 and 14024 of the Food and
Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
AB 1176, as introduced, Williams. Pesticides: toxic air
contaminant.
Under existing law, the Director of Pesticide Regulation, upon
completion of an evaluation of a pesticide, is required to prepare a
report on the health effects of any pesticide determined to be a
toxic air contaminant which poses a present or potential hazard to
human health due to airborne emission from its use, as specified.
This report is required to be made available to the public, as
specified. The director is also required to determine, in
consultation with specified entities, the need for and appropriate
degree of control measures for each pesticide listed as a toxic air
contaminant.
This bill would require that the report on the health effects of a
pesticide be completed within 180 days after the director's receipt
of the evaluation. This bill would further require that the director'
s written determination regarding control measures for each pesticide
be completed within 180 days after the listing of the pesticide as a
toxic air contaminant and shall be made available to the public.
Existing law provides that, for those pesticides for which a need
for control measures has been determined, the director, in
consultation with specified entities, is required to develop control
measures designed to reduce emissions sufficiently so that the source
will not expose the public to the levels of exposure which may cause
or contribute to significant adverse health effects. Existing law
provides that, after a public hearing, the director shall adopt, by
regulation, control measures, including application of the best
practicable control techniques for those pesticides for which a need
has been determined.
This bill would include pesticides identified by the director as
toxic air contaminants within the list of pesticides for which the
director is required to develop control measures, as specified above.
The bill would specify that the director shall develop the control
measures within 180 days after the completion of the director's
written determination of the need for, and appropriate degree of,
control measures for each pesticide listed as a toxic air
contaminant.
This bill would further provide that if it is determined that
there is no need for control measures to protect human health from
airborne emission of a pesticide identified by the director as a
toxic air contaminant, the director shall follow specified
consultation procedures and shall each year adopt, by regulation,
control measures to protect human health with respect to at least 2
pesticides meeting the definition of toxic air contaminant, as
specified. Moreover, the bill would provide that the director shall
adopt control measures no later than 180 days after development of
the control measures.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 14023 of the Food and Agricultural Code is
amended to read:
14023. (a) Upon completion of the evaluation conducted pursuant
to Section 14022, the director shall, in consultation and with the
participation of the State Department of Health Services
Public Health , prepare a report on the health
effects of the pesticide which may be determined to be a toxic air
contaminant which poses a present or potential hazard to human health
due to airborne emission from its use. The report shall assess the
availability and quality of data on health effects, including
potency, mode of action, and other relevant biological factors, of
the substance. The report shall also contain an estimate of the
levels of exposure which may cause or contribute to adverse health
effects and, in the case where there is no threshold of significant
adverse health effects, the range of risk to humans, resulting from
current or anticipated exposure. The report shall include the
findings of the State Department of Health Services
Public Health . The report shall be
completed within 180 days after the director's receipt of the
evaluation conducted pursuant to Section 14022 and shall be
made available to the public, subject to subdivision (d) of Section
14022.
(b) The report prepared pursuant to subdivision (a) shall be
formally reviewed by the scientific review panel established
according to Section 39670 of the Health and Safety Code. The
director shall also make available the data deemed necessary to the
scientific review panel, according to departmental procedures
established to ensure confidentiality of proprietary information. The
panel shall review, as appropriate, the scientific data on which the
report is based, the scientific procedures and methods used to
support the data, and the conclusions and assessments on which the
report is based. The panel shall submit its written findings to the
director within 45 days after receiving the report, but it may
petition the director for an extension of the deadline, which may not
exceed 15 working days.
(c) If the scientific review panel determines that the health
effects report is seriously deficient, the report shall be returned
to the director who shall revise and resubmit the report, within 30
days following receipt of the panel's determination, to the panel
prior to development of emission control measures.
(d) Within 10 working days following receipt of the findings of
the scientific review panel pursuant to subdivision (b), the director
shall prepare a hearing notice and a proposed regulation which shall
include the proposed determination as to whether a pesticide is a
toxic air contaminant. After conducting a public hearing pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, the director shall list, by
regulation, pesticides determined to be toxic air contaminants.
(e) The director shall determine, in consultation with the State
Department of Health Services Public Health
, the State Air Resources Board, and the air pollution control
districts or air quality management districts in the affected
counties, the need for and appropriate degree of control measures for
each pesticide listed as a toxic air contaminant pursuant to
subdivision (d). Any person may submit written information for
consideration by the director in making determinations on control
measures. The director's written determination shall be
completed within 180 days after listing a pesticide as a toxic air
contaminant and that written determination shall be made
available to the public.
SEC. 2. Section 14024 of the Food and Agricultural Code is amended
to read:
14024. (a) For pesticides identified by the director as
toxic air contaminants described in subdivision (b) of Section 14021
and for those pesticides for which a need for control measures
has been determined pursuant to subdivision (e) of Section 14023 and
pursuant to provisions of this code, the director, in consultation
with the agricultural commissioners and air pollution control
districts and air quality management districts in the affected
counties, shall develop , within 180 days after the completion
of the director's written determination pursuant to subdivision (e)
of Section 14023, control measures designed to reduce emissions
sufficiently so that the source will not expose the public to the
levels of exposure which may cause or contribute to significant
adverse health effects. Where no demonstrable safe level or threshold
of significant adverse health effects has been established by the
director, the control measures shall be designed to adequately
prevent an endangerment of public health through the application of
best practicable control techniques.
(b) Best practicable control techniques may include, but are not
limited to, the following:
(1) Label amendments.
(2) Applicator training.
(3) Restrictions on use patterns or locations.
(4) Changes in application procedures.
(5) Reclassification as a restricted material.
(6) Cancellation.
(c) Unless the director, the State Air Resources Board, and the
Office of Environmental Health Hazard Assessment concur in writing
that there is no need for control measures to protect human health
from airborne emission of a pesticide identified by the director as a
toxic air contaminant, as described in subdivision (b) of Section
14021, the director shall follow the consultation procedures set
forth in subdivision (a) and shall each year adopt, by regulation,
control measures to protect human health with respect to at least two
pesticides meeting the definition of a toxic air contaminant, as
described in subdivision (b) of Section 14021. The director shall
give priority to the regulation of a pesticide meeting the definition
of a toxic air contaminant, as described in subdivision (b) of
Section 14021, based on the pesticide's risk of harm to the public
health, the amount or potential amount of emissions of the pesticide
in any community or statewide, the manner and quantity of usage of
the pesticide in any community or statewide, and the ambient
concentrations of the pesticide in any community or statewide.
(c)
(d) After conducting a public hearing pursuant to
Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3
of Title 2 of the Government Code, and no later than 180 days
after the development of control measures required by subdivision (a)
, the director shall adopt, by regulation, control
measures, including application of the best practicable control
techniques enumerated in subdivision (b) or any other best applicable
control technique, for those pesticides for which a need has been
determined.