BILL NUMBER: AB 1176 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2011
AMENDED IN ASSEMBLY APRIL 12, 2011
INTRODUCED BY Assembly Member Williams
(Coauthor: Assembly Member Monning)
FEBRUARY 18, 2011
An act to amend Sections 14022, 14023, and 14024 of the Food and
Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
AB 1176, as amended, 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 director complete at least
one report per year 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 all findings
made by consulting agencies 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 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 by regulation no later
than 180 days after development of the control measures ,
as specified. The Department of Pesticide Regulation would
have no obligation to adopt control measures for specified pesticides
if 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 that specific pesticide.
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 14022 of the Food and Agricultural Code is
amended to read:
14022. (a) In consultation with the Office of Environmental
Health Hazard Assessment and the State Air Resources Board, the
director shall evaluate the health effects of pesticides which may be
or are emitted into the ambient air of California and which may be
determined to be a toxic air contaminant which poses a present or
potential hazard to human health. Upon request of the State Air
Resources Board, the director shall include a pesticide for
evaluation.
(b) The director shall complete the evaluation of a pesticide
within 90 days after receiving the scientific data specified in
subdivision (c) from the Office of Environmental Health Hazard
Assessment and the State Air Resources Board. The director may extend
the 90-day deadline for a period not to exceed 30 days if the
director transmits to the Assembly Committee on Rules and the Senate
Committee on Rules, for transmittal to the appropriate standing,
select, or joint committee of the Legislature, a statement of reasons
for extension of the deadline.
(c) In conducting this evaluation, the director shall consider all
available scientific data, including, but not limited to, relevant
data provided by the Office of Environmental Health Hazard
Assessment, the Occupational Safety and Health Division of the
Department of Industrial Relations, international and federal health
agencies, private industry, academic researchers, and public health
and environmental organizations. At the request of the director, the
State Air Resources Board shall document the level of airborne
emissions and the Office of Environmental Health Hazard Assessment
shall provide an assessment of related health effects of pesticides
which may be determined to pose a present or potential hazard and
each agency shall provide technical assistance to the department as
it conducts its evaluation.
(d) The director may request, and any person shall provide,
information on any substance which is or may be under evaluation and
which is manufactured, distributed, or used by the person to whom the
request is made, in order to carry out his or her responsibilities
pursuant to this chapter. Any person providing information pursuant
to this subdivision shall, at the request of the director, identify
that portion of the information submitted to the department which is
a trade secret and, upon the request of the director, shall provide
documentation to support the claim of the trade secret. Information
supplied which is a trade secret, as specified in Section 6254.7 of
the Government Code, and which is so marked at the time of submission
shall not be released to the public by the director, except in
accordance with Section 1060 of the Evidence Code and Section 21160
of the Public Resources Code.
(e) The director shall give priority to the data requests and the
evaluation and regulation of substances based on factors related to
the risk of harm to public health, amount or potential amount of
emissions, manner of usage of the pesticide in California,
persistence in the atmosphere, and ambient concentrations in the
community.
SEC. 2. 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 Office of Environmental Health Hazard
Assessment, 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 Office of Environmental
Health Hazard Assessment. The report shall be completed
within 180 days after the director's completion of the evaluation
conducted pursuant to Section 14022 and shall be made
director shall complete at least one report per year, and shall make
the report 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 Office
of Environmental Health Hazard Assessment, 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 determination and all
findings made by the consulting agencies shall be made available to
the public.
SEC. 2. SEC. 3. 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
Office of Environmental Health Hazard Assessment, the agricultural
commissioners, 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.
It is presumed that exposures above Reference Concentrations
established in a report completed pursuant to subdivisions (a) to
(c), inclusive, of Section 14023 may cause or contribute to
significant adverse health effects. Where If 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) 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, and to those pesticides for which a need for
control measures has been determined pursuant to subdivision (e) of
Section 14023, 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.
The department has no obligation to adopt control measures
for any specific pesticide described in subdivision (b) of Section
14021 if 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 that specific pesticide.
(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
the director shall, notwithstanding any
timelines imposed by Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code, 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.