BILL ANALYSIS �
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THIRD READING
Bill No: SB 1117
Author: Monning (D)
Amended: 4/9/14
Vote: 21
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 6-0, 4/2/14
AYES: Hill, Gaines, Hancock, Jackson, Leno, Pavley
NO VOTE RECORDED: Fuller, Vacancy, Vacancy
SENATE AGRICULTURE COMMITTEE : 4-0, 4/24/14
AYES: Galgiani, Cannella, Berryhill, Lieu
NO VOTE RECORDED: Wolk
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Pesticide Contamination Prevention Act
SOURCE : Department of Pesticide Regulation
DIGEST : This bill updates and clarifies the methodology used
to determine how pesticides are included on the Groundwater
Protection List by deleting prescribed scientific methods and
instead requiring the California Department of Pesticide
Regulation (DPR), in consultation with a specified subcommittee,
to develop peer-reviewed methods. Expands DPR's authority to
allow the use of certain pesticides and requires DPR to
continuously review new data that will impact the validity of
previous findings on the potential for pesticides to pollute
groundwater.
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ANALYSIS :
Existing law:
The Pesticide Contamination Prevention Act (PCPA) requires DPR
to:
1.Obtain environmental data for agricultural pesticides before
they can be registered for use in California.
2.Identify, and include in the Groundwater Protection List,
agricultural pesticides with the potential to pollute
groundwater.
3.Sample wells for presence of agricultural pesticides in
groundwater.
4.Obtain, report, and analyze the results of well sampling for
pesticides conducted by public agencies.
5.Formally review a detected pesticide to determine if its
continued use can be allowed.
6.Adopt use modifications to protect groundwater from pollution
if the formal review indicates that continued use can be
allowed.
This bill:
1.Revises the information required to be included in the
Groundwater Protection List to include each active ingredient,
other specified ingredient, or degradation product of a
pesticide that, when applied, has the potential to pollute
groundwater.
2.Removes the specific statistical method used to identify
potential groundwater pollutants from statute and requires the
DPR Director, in consultation with a specified subcommittee of
the Director's pesticide registration and evaluation
committee, to develop a peer-reviewed method to determine the
potential to pollute groundwater, as specified.
3.Requires the Director to regulate each active ingredient,
other specified ingredient, or degradation product of a
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pesticide on the Groundwater Protection List, and revises the
information that DPR is required to post on its Internet Web
site.
4.Deletes provisions requiring dealers of pesticides to make
quarterly reports to the Director on certain sales of
pesticides to persons who are not required to file a report,
as specified.
5.Makes conforming changes to provisions relating to the
detection and regulation of active ingredients, other
specified ingredients, and degradation products of pesticides.
6.Expands the Director's authority to authorize the continued
use of pesticides under specified circumstances.
7.Requires DPR, for a pesticide whose continued use is permitted
under specified conditions, to continuously review new science
and data that could impact the validity of a finding that will
either determine that a previously reviewed pesticide is no
longer a threat, or conversely, that a previously reviewed
pesticide could be a threat and should be mitigated or
subjected again to the review process.
8.Revises definitions applicable to the provisions relating to
pesticide contamination prevention.
Background
DPR began addressing pesticide contamination of groundwater in
the early 1980's after the discovery of contamination from the
legal application of the fumigant dibromochloropropane. Reports
of additional pesticides in groundwater resulted in the passage
of PCPA in 1985.
Technological advances : In the last 30 years, scientists have
conducted research and developed new methodologies that better
identify pesticide potential to migrate into soil and
groundwater. Granting DPR the flexibility to develop and revise
scientific methods through a peer-reviewed process would allow
for the most current knowledge and methods to be used when
protecting human health. The peer-review process is standard in
the scientific community and essential to validate the quality
and credibility of research studies, publications, and
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methodologies.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
SUPPORT : (Verified 5/2/14)
Department of Pesticide Regulation (source)
California Rural Legal Assistance Foundation
Clean Water Action
Community Water Center
Pesticide Action Network
ARGUMENTS IN SUPPORT : According to DPR, while PCPA
strengthens DPR's authority to prevent groundwater pollution,
the scientific method detailed in existing law to determine
which pesticides may move to groundwater is outdated and was
never peer reviewed. This statutorily prescribed method results
in DPR identifying and monitoring for some potential pollutants
that are highly unlikely to move to groundwater, while
potentially missing others. Also, under PCPA, DPR does not have
the authority to mitigate pesticides if only their breakdown
product, and not the parent pesticide, is found to pollute.
When PCPA was passed, the technology we have today to find
pesticide breakdown protections did not exist.
This bill amends PCPA to allow DPR to develop a peer-reviewed
method to determine which pesticides may move to groundwater,
thus allowing DPR to better focus time and resources on
monitoring for those pesticides that pose the greatest risk.
Additionally, this bill requires DPR to review and potentially
cancel or modify the use of a pesticide, if that pesticide's
breakdown products are found in groundwater.
RM:e 5/5/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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