BILL ANALYSIS                                                                                                                                                                                                    �



                                                                  AB 1176
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          Date of Hearing:   April 26, 2011

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                Bob Wieckowski, Chair
                   AB 1176 (Williams) - As Amended:  April 12, 2011
           
          SUBJECT  :   Pesticides:  toxic air contaminant.

           SUMMARY  :  Requires the Department of Pesticide Regulation (DPR) 
          to adhere to a 180 day deadline for specified steps in the toxic 
          air contaminant (TAC) process.  Requires DPR to each year adopt, 
          by regulation, control measures to protect human health for at 
          least two pesticides meeting the definition of a TAC.  
          Specifically,  this bill  :

          1)Makes technical corrections to existing statute by correcting 
            the reference to the Office of Environmental Health Hazard 
            Assessments (OEHHA).

          2)Adds a 180 day deadline to the existing requirement that the 
            director of DPR (director) complete a report on the health 
            effects of a pesticide that may be determined to be a TAC.   
            The 180 day period starts upon the completion of the 
            director's evaluation of the health effects of a pesticide 
            that may be determined to be a TAC.

          3)Adds a 180 day deadline to the existing requirement that the 
            director determine the need for an appropriate degree of 
            control measures for each pesticide listed as a TAC.  
            Specifies that the director's determination must be written; 
            completed within 180 days after listing a pesticide as a TAC; 
            include all findings; and be made available to the public.

          4)Changes, in the following manner, the existing requirement 
            that the director, in consultation with specified entities, 
            develop control measures designed to reduce significant 
            adverse health effects for pesticides determined to need 
            control measures:

             a)   Adds all identified TACs, not just those for which a 
               need for control measures has been determined, as 
               pesticides for which the director, in consultation with 
               specified entities, must develop control measures; 

             b)   Adds OEHHA to the list of specified entities with which 








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               the director must consult when developing control measures 
               for pesticides identified as TACs; and, 

             c)   Requires the director to develop control measures for a 
               pesticide identified as a TAC within 180 days of the 
               director's written determination that the pesticide needs 
               control measures. 

          5)States the presumption that exposures in excess of Reference 
            Concentrations established in a report on a TAC may cause or 
            contribute to significant adverse health effects.

          6)Requires the director to each year adopt, by regulation, 
            control measures to protect human health with respect to at 
            least two pesticides meeting the definition of a TAC.

          7)Requires the director to give priority to the regulation of a 
            pesticide meeting the definition of a TAC, based on the 
            pesticide's risk of harm to 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.

          8)Specifies that DPR has no obligation to adopt control measures 
            for any specific pesticide if the director, the State Air 
            Resources Board (ARB), and OEHHA concur in writing that there 
            is no need for control measures to protect human health from 
            airborne emissions of that specific pesticide.

          9)Adds a 180 day deadline to the existing requirement that after 
            conducting a public hearing, the director must adopt, by 
            regulation, control measures for those pesticides for which a 
            need has been determined.  Specifies that the director must 
            adopt these regulations no later than 180 days after the 
            development of control measures for the pesticide.

           EXISTING LAW  :

          1)Establishes OEHHA pursuant to the Governor's Reorganization 
            Plan Number 1 of 1991.  Provides that OEHHA succeeds to, and 
            is vested with, all the duties, powers, purposes, 
            responsibilities and jurisdiction of the Health Hazard 
            Assessment Division of Department of Health Services (DHS) 
            (Health and Safety Code (HSC) � 59000).  Requires OEHHA to 








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            provide scientific peer review of risk assessments conducted 
            by DPR (Food and Agriculture Code � 11454.1).

          2)Defines "toxic air contaminant" as an air pollutant that may 
            cause or contribute to an increase in mortality or an increase 
            in serious illness, or which may pose a present or potential 
            hazard to human health.  Specifies that pesticides that have 
            been identified as hazardous air pollutants (HAPs) pursuant to 
            federal law shall be identified by the director as toxic air 
            contaminants.

          3)Requires the director, in consultation with DHS and the ARB, 
            to evaluate, as specified, 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 TAC.

          4)Requires, upon completion of the evaluation and in 
            consultation with DHS, the director to prepare a report, as 
            specified, on the health effects of the pesticide which may be 
            determined to be TAC.

          5)Requires the director to determine, in consultation with the 
            DHS, the ARB, 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 TAC.

          6)Requires, for pesticides determined to need control measures, 
            the director, in consultation with the agricultural 
            commissioners and air pollution control districts and air 
            quality management districts in the affected counties, to 
            design control measures that reduce emissions sufficiently so 
            that the source will not expose the public to the levels of 
            exposure that may cause or contribute to significant adverse 
            health effects.

          7)Requires the director to adopt, by regulation, control 
            measures, including application of the best practicable 
            control techniques, for those pesticides for which a need has 
            been determined.

           FISCAL EFFECT  :  Unknown.

           COMMENTS  :









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           Need for the bill  :  According to the author, "California's law 
          to protect the public from airborne pesticides-most notably 
          fumigants-is not functioning as intended.  In 1983, the 
          California legislature passed the Toxic Air Contaminant (TAC) 
          Act with the intent of protecting public health from toxic 
          airborne pollutants, including pesticides.  Nearly 3 decades 
          later, the Department of Pesticide Regulation has listed only 
          seven pesticides and one pesticide breakdown product as Toxic 
          Air Contaminants out of the more than 900 pesticides registered 
          in the state.

          Of even greater concern, to date, DPR has taken almost no action 
          under the TAC law to regulate any of the listed pesticides.  For 
          example, the fumigant breakdown product MITC was declared a TAC 
          in 2002; eight years later, DPR finally issued suggested use 
          restrictions that only partially mitigate exposure to this TAC.  
          Drift of MITC was responsible for 612 illnesses between 1997 and 
          2002.

          Properly implemented and enforced, this law could do a 
          tremendous amount to reduce pesticide air pollution.  The 
          proposed change in the statute will provide a definitive time 
          frame for DPR to begin and complete TAC evaluations.  AB 1176 
          would require enforceable timelines for the TAC regulatory 
          process for pesticides, including deadlines for reporting on 
          health effects and exposure, final listing decisions, and 
          developing and implementing measures to reduce air levels of 
          pesticides on federal and state toxic air contaminant lists."

           The Toxic Air Contaminant (TAC) program  :  The Legislature 
          created the statutory framework for the evaluation and control 
          of chemicals as TACs with the enactment of California's Toxic 
          Air Contaminant Act (AB 1807, Tanner, Chapter 1047, Statutes of 
          1983).  The statute defines TACs as air pollutants that may 
          cause or contribute to increases in serious illness or death, or 
          that may pose a present or potential hazard to human health.  
          Included in the definition are substances listed as Hazardous 
          Air Pollutants (HAPs) under United States Code.  DPR is 
          responsible for the evaluation of pesticides as TACs.

          According to DPR, the TAC program consists of two phases:  risk 
          assessment (evaluation and identification) and risk management 
          (control).  The program's first phase involves an extensive 
          evaluation of the candidate pesticide to assess potential 
          adverse health effects and to estimate levels of exposure 








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          associated with its use.  Following the evaluation, the law 
          requires the preparation of a report for each pesticide that 
          includes:  an assessment of exposure of the public to ambient 
          concentrations of the pesticide; a risk assessment; an overview 
          of the environmental fate and use of the pesticide; and the 
          results of air monitoring studies to measure the levels of the 
          candidate pesticide present in ambient air.  The report is 
          reviewed by OEHHA and the ARB, and is made available for public 
          review.  The draft then undergoes peer review for scientific 
          soundness by the Scientific Review Panel, a panel of experts 
          representing a range of scientific disciplines.  Based on the 
          results of this comprehensive evaluation, the director of DPR 
          determines whether the candidate is a TAC.  If the director 
          determines the pesticide meets the criteria to be a TAC, DPR 
          declares the pesticide a TAC in regulation, and adds it to the 
          TAC list.

          Once a candidate pesticide has been declared a TAC, it enters 
          phase two of the program-the mitigation, or control, phase.  In 
          the mitigation phase, DPR investigates the need for, and 
          appropriate degree of, control for the TAC.  If reductions in 
          exposure are needed, DPR must develop control measures to reduce 
          emissions to levels that adequately protect public health.  In 
          developing control measures, DPR is legally required to 
          coordinate with the agricultural commissioners, air pollution 
          control districts, and air quality management districts in the 
          counties where the pesticide is used.  Control measures may be 
          implemented by several methods, including regulatory actions, 
          local permit conditions, and product cancellation.

          This bill adds statutory deadlines to the existing TAC process.  
          It also requires DPR to promulgate regulations to establish 
          control measures for at least two pesticides meeting the 
          definition of a TAC each year.

           Conforming changes  :  The Governor's Reorganization Plan of 1991 
          created OEHHA within the California Environmental Protection 
          Agency (CalEPA) (HSC � 59000 et seq.).  The Reorganization Plan 
          provided that OEHHA succeeds to, and is vested with, all the 
          duties, powers, purposes, responsibilities and jurisdiction of 
          the Health Hazard Assessment Division of DHS.  This bill makes 
          conforming changes to statute reflecting the Reorganization 
          Plan.

           Support  :  According to supporters, "Fumigants are some of the 








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          most dangerous pesticides on the market.  They are applied in 
          large quantities, vaporize easily, drift away from where they 
          are applied and expose nearby workers and other community 
          members to harm.  Fumigants have caused many mass farmworker and 
          community poisonings that can lead to cancer, reproductive harm, 
          respiratory or nervous system damage, and damage to children's 
          development.  California's law to protect the public from 
          airborne pesticides-including but not limited to fumigants-are 
          not working as intended.  In 1983, the Toxic Air Contaminant 
          Identification and Control (TAC) Act was enacted with the intent 
          of protecting public health from toxic airborne pollutants, 
          including pesticides.  Unfortunately, since then, of the more 
          than 900 pesticides registered in California, DPR has completed 
          the review process for only eight and only implemented partial 
          mitigation measures for one.  By comparison, as of 2005, the Air 
          Resources Board had listed 22 nonpesticide pollutants as TACs 
          and implemented mitigation measures for over 100 nonpesticide 
          EPAlisted Hazardous Air Pollutants.

           Opposition  :  According to opponents, AB 1176 contains numerous 
          changes to the states review of pesticides that will seriously 
          impede and distort the scientific process conducted by the 
          Department of Pesticide Regulation and the California EPA 
          Scientific Review Panel?. First,? it would severely limit the 
          amount of time the Office of Environmental Health Hazards and 
          the Air Resources Board would have for their peer review that 
          often involves performing additional air and water monitoring 
          and evaluation?.  Second, AB 1176 would single out and 
          significantly disrupt DPR's risk management process in a manner 
          that does not occur in any other department or agency in the 
          state.? Third, another damaging change to DPR's risk management 
          process is mandating that OEHHA have a consulting role in 
          developing control measures for pesticides identified as TAC's.? 
           Fourth, AB 1176 replaces the interdepartmental pesticide 
          prioritization process initiated in 2004 by DPR with the Office 
          of Environmental Health and Hazards Assessment and the Air 
          Resources Board?. This time consuming, unnecessary step would 
          require significant staffing increases for all three agencies, 
          especially for OEHHA and DPR to review pesticides that do not 
          need or merit this review."


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 








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          California Rural Legal Assistance Foundation -CRLAF (Sponsor)
          Breast Cancer Fund
          California Pan-Ethnic Health Network-CPEHN
          Californians for Pesticide Reform
          Center for Environmental Health-CEH
          Center on Race, Poverty and the Environment- CRPE
          Central Coast Alliance United for a Sustainable Economy- CAUSE
          Clean Water Action
          Coalition for Clean Air
          Consumer Federation of California
          Dolores Huerta Foundation
          Ecology Center
          Environmental Working Group
          Having Our Say Coalition- HOS
          Mothers of Marin Against The Spray- MOMAS
          Pesticide Watch 
          San Francisco Baykeeper 
          Sierra Club 

           Opposition 
           
          CA Association of Wheat Growers
          CA Bean Shippers Association
          CA Chamber of Commerce
          CA Citrus Mutual
          CA Cotton Ginners and Hullers Association
          CA Farm Bureau 
          CA Grain and Feed Association
          CA Grape and Tree Fruit League 
          CA Pear Growers Association
          CA Seed Association
          CA State Floral Association
          CA Women for Agriculture 
          Nisei Farmers League
          Western Agricultural Processors Association
          Western Growers
          Western Plant Health Association 
           
          Analysis Prepared by  :    Shannon McKinney / E.S. & T.M. / (916) 
          319-3965 












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