BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 1789|
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THIRD READING
Bill No: AB 1789
Author: Williams (D)
Amended: 4/22/14 in Assembly
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 6/18/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-0, 8/14/14
AYES: De Le�n, Hill, Lara, Padilla, Steinberg
NO VOTE RECORDED: Walters, Gaines
ASSEMBLY FLOOR : 75-0, 5/19/14 - See last page for vote
SUBJECT : Pesticides: neonicotinoids: reevaluation:
determination: control measures
SOURCE : Pesticide Action Network, North America
Santa Barbara Beekeepers Association
DIGEST : This bill 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.
ANALYSIS :
Existing law:
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1.Authorizes the state's pesticide regulatory program and
mandates the 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 the 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 the DPR, the registrant to submit the
evidence to the DPR. Authorizes the Director of the DPR to
adopt regulations to carry out the reevaluation process.
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, 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, the DPR to issue a
reevaluation of neonicotinoids.
3.Requires, within two years after making the reevaluation, the
DPR to adopt any control measures necessary to protect
pollinator health.
4.Requires, if the DPR is unable to adopt control measures
necessary to protect pollinator health within two years, the
DPR to submit a report to the appropriate committees of the
Legislature setting forth the reasons that they were unable to
do so. Requires the DPR to update the report every year until
it adopts the control measures necessary to protect pollinator
health.
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Background
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 the DPR, California regulations require the 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 the DPR to reevaluate the registration of
the pesticide.
When a pesticide enters the reevaluation process, the 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.
The DPR concludes reevaluations in a number of different ways.
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If the data demonstrates that use of the pesticide presents no
significant adverse effects, the DPR concludes the reevaluation
without additional mitigation measures. If additional
mitigation measures are necessary, the DPR places appropriate
restrictions on the use of the pesticide to mitigate the
potential adverse effect. If the adverse impact cannot be
mitigated, the DPR cancels or suspends the registration of the
pesticide product(s).
Reevaluation of neonicotinoids . In 2008, the DPR received an
adverse effects disclosure and studies pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act, 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. The 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, the 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.
The DPR is currently collecting data and reviewing study results
from registrants as part of the reevaluation process.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, there will be
on-going cost pressures in the mid to high hundreds of thousands
of dollars from the DPR Fund (special) for the required
determination and adoption of control measures.
SUPPORT : (Verified 8/15/14)
California State Grange
Center for Food Safety
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Community Alliance with Family Farmers
Community Food and Justice Coalition
Ecological Farming Association
Food & Water Watch
Friends of the Earth
International Natural Beekeeping Federation
Natural Resources Defense Council
Northwest Center for Alternatives to Pesticides
Pesticide Action Network, North America
Pollinator Stewardship Council
Roots of Change
San Diego Beekeeping Society
Santa Barbara Beekeepers Association
Santa Barbara Food Alliance
Slow Food California
ARGUMENTS IN SUPPORT : 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
reevaluation will help to prioritize and expedite reviews of
submitted reports so the science can be evaluated in a more
timely manner."
ASSEMBLY FLOOR : 75-0, 5/19/14
AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Eggman, Fong, Fox, Frazier,
Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon, Gorell,
Gray, Grove, Hagman, Hall, Harkey, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
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Maienschein, Medina, Melendez, Mullin, Muratsuchi, Olsen, Pan,
Patterson, Perea, John A. P�rez, V. Manuel P�rez, Quirk,
Quirk-Silva, Rendon, Ridley-Thomas, Rodriguez, Salas, Skinner,
Stone, Ting, Wagner, Waldron, Weber, Wieckowski, Wilk,
Williams, Yamada, Atkins
NO VOTE RECORDED: Donnelly, Mansoor, Nazarian, Nestande,
Vacancy
RM:k 8/16/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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