BILL ANALYSIS �
AB 1789
Page 1
ASSEMBLY THIRD READING
AB 1789 (Williams)
As Amended April 22, 2014
Majority vote
ENVIRONMENTAL SAFETY 6-0
APPROPRIATIONS 16-0
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|Ayes:|Alejo, Dahle, Bloom, |Ayes:|Gatto, Bigelow, |
| |Gomez, Lowenthal, Ting | |Bocanegra, Bradford, Ian |
| | | |Calderon, Campos, Eggman, |
| | | |Gomez, Holden, Jones, |
| | | |Linder, Pan, Quirk, |
| | | |Ridley-Thomas, Wagner, |
| | | |Weber |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires, on or before July 1, 2018, the Department of
Pesticide Regulation (DPR) to issue a determination with respect
to its reevaluation of neonicotinoid pesticides. Specifically,
this bill :
1)Makes legislative findings about the importance of bees to
California's agricultural economy, the rapid decline of bee
colonies in the United States (U.S.), and the intent of the
Legislature to set a timeline for completion of the
reevaluation of neonicotinoid compounds.
2)Requires, on or before July 1, 2018, DPR to issue a
reevaluation of neonicotinoids.
3)Requires, within two years after making the reevaluation, DPR
to adopt any control measures necessary to protect pollinator
health.
4)Requires, if DPR is unable to adopt control measures necessary
to protect pollinator health within two years, DPR to submit a
report to the appropriate committees of the Legislature
setting forth the reasons that they were unable to do so.
Requires DPR to update the report every year until it adopts
the control measures necessary to protect pollinator health.
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EXISTING LAW :
1)Authorizes the state's pesticide regulatory program and
mandates DPR to, among other things, provide for the proper,
safe, and efficient use of pesticides essential for the
production of food and fiber and for the protection of public
health and safety, and protect the environment from harmful
pesticides by prohibiting, regulating, or ensuring proper
stewardship of those pesticides.
2)Requires every manufacturer of, importer of, or dealer in any
pesticide, as specified, to obtain a certificate of
registration from DPR before the pesticide is offered for
sale.
3)Requires, if during or after the registration of a pesticide
the registrant has factual or scientific evidence of any
adverse effect or risk of the pesticide to human health,
livestock, crops, or the environment that has not been
previously submitted to DPR, the registrant to submit the
evidence to DPR. Authorizes the director of DPR to adopt
regulations to carry out the reevaluation process.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, enactment of this bill would result in no additional
costs. DPR is currently reevaluating neonicotinoid pesticides
and expects to meet the deadline provided in this bill.
COMMENTS :
Need for the bill: According to the author, "Since 2006,
beekeepers have reported an increase in colony losses to more
than double what is considered normal for the industry.
Scientists have been unsuccessful in linking these losses to a
single root cause, but there is general consensus that there are
likely multiple factors acting together causing a reduction in
bee colony health? Among these factors is the widespread use of
neonicotinoids, which are acutely toxic to bees, but better for
overall public health than organophosphate compounds they
replaced? Based on data submitted to DPR showing a potential
hazard to honey bees from imidacloprid, DPR initiated a
reevaluation process for imidacloprid and three related
neonicotinoid compounds in February of 2009: thiamethoxam,
clothianidin, and dinotefuran? A timeline to complete the
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reevaluation will help to prioritize and expedite reviews of
submitted reports so the science can be evaluated in a more
timely manner."
Bees in California: On October 16, 2013, the Assembly
Environmental Safety and Toxic Materials Committee and the
Assembly Agriculture Committee held a joint oversight hearing
focusing on the bee colony collapse disorder in California.
Discussed at the hearing was the fact that many of California's
agricultural commodities use the pollination services of bees
and that beginning in October 2006, beekeepers began reporting
losses of 30% to 90% of their hives. According to the Bee
Informed partnership, U.S. beekeepers lost 45% of the colonies
in their operation during the winter of 2012-13.
The rapid decline of bee colonies is continuing to be
investigated, but known stressors on bee colony health include
tracheal mites, loss of available habitat with a rich mix of
nutritional pollens, inability of the bee immune system to
protect it from disease, lack of genetic diversity, toxic plant
pollens, and exposure to pesticides.
Pollinators and neonicotinoids: Neonicotinoids are a class of
insecticides with a common mode of action that affects the
central nervous system of insects, causing paralysis and death.
Data suggests that neonicotinic residues can accumulate in
pollen and nectar of treated plants, potentially exposing
pollinators to high levels of the chemicals. Adverse effects
data and bee kill incidents have also been reported,
highlighting the potential direct and/or indirect effects of
neonicotinic pesticides on pollinators.
Reevaluation of pesticide registration in California: According
to DPR, California regulations require DPR to investigate
reports of possible adverse effects to people or the environment
resulting from the use of pesticides. If a significant adverse
impact occurred or is likely to occur, regulations require DPR
to reevaluate the registration of the pesticide.
When a pesticide enters the reevaluation process, DPR reviews
existing data and may require registrants to provide additional
data to determine the nature or the extent of the potential
hazard or identify appropriate mitigation measures, if needed.
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DPR concludes reevaluations in a number of different ways. If
the data demonstrates that use of the pesticide presents no
significant adverse effects, DPR concludes the reevaluation
without additional mitigation measures. If additional
mitigation measures are necessary, DPR places appropriate
restrictions on the use of the pesticide to mitigate the
potential adverse effect. If the adverse impact cannot be
mitigated, DPR cancels or suspends the registration of the
pesticide product(s).
Reevaluation of neonicotinoids: In 2008, DPR received an
adverse effects disclosure and studies pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA), regarding
the active ingredient imidacloprid. Data indicate that use of
imidacloprid on an annual basis may be additive, in that
significant residues from the previous season appear to be
available to the treated plant. DPR found that, based on the
data on file at the time, foraging bees may be being exposed to
levels well above the lethal concentration.
On February 26, 2009, DPR placed into reevaluation chemicals in
the nitroguanidine insecticide class of neonicotinoids and
containing the following active ingredients: imidacloprid,
clothianidin, dinotefuran, and thiamethoxam. Thiamethoxam,
dinotefuran, and clothianidin are in the same chemical family
(nitroguanidine nicotinoids) as imidacloprid, and have similar
characteristics, soil mobility, half-lives, and toxicity to
honeybees. The reevaluation involves 50 registrants and 282
pesticide products.
DPR is currently collecting data and reviewing study results
from registrants as part of the reevaluation process. This bill
seeks to set a statutory deadline for completion of the
reevaluation.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965
FN: 0003460
AB 1789
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