BILL ANALYSIS �
SB 1332
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Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis A. Alejo, Chair
SB 1332 (Wolk) - As Amended: april 21, 2014
SENATE VOTE : 26-7
SUBJECT : Carbon Monoxide Pest Control Devices.
SUMMARY : Authorizes the California Department of Pesticide
Regulation (DPR) to adopt and enforce regulations that provide
for the use of carbon monoxide (CO) pest control devices.
Specifically, this bill :
1)Defines a CO pest control device as a device or process that
uses CO to prevent, eliminate, destroy, or mitigate burrowing
rodent pests.
2)Provides that the director of DPR shall regulate the use of CO
pest control devices, and shall adopt and enforce regulations
to provide for the proper, safe, and efficient use of these
devices.
3)Specifies that a county agricultural commissioner may impose a
civil penalty for the unauthorized use of CO pest control
devices.
EXISTING LAW :
1)Requires the Secretary of Food and Agriculture to establish
and administer a research program to control vertebrate pests,
including soliciting and considering research proposals for
alternative humane methods of control.
2)Authorizes the use of CO for the control of vertebrate pests,
subject to specified provisions governing pest control
operations and the use of agricultural chemicals.
3)Requires DPR to establish requirements relating to the
management and application of pesticides.
4)Requires, under the federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), reporting on pesticide producing
devices.
SB 1332
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FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill : According to the DPA, the sponsor of this
bill, "SB 1332 (Wolk), requires the department to regulate the
use of carbon monoxide pest control devices to ensure their safe
and effective use. The growing popularity of these devices for
pest control, including use on school grounds, necessitates the
development of clear guidelines related to use? Carbon monoxide
has the potential to be a more benign alternative for pest
management; however, if used improperly, carbon monoxide can be
deadly. Therefore, it is imperative that DPR, as the state body
charged with ensuring the safe use of pesticides, establishes
regulations defining how, when, and by whom these devices can
used."
Regulation of CO pest control use : AB 634 (Huber, Chapter 704,
Statues of 2011) allowed for the use of CO pest control devices.
The law was placed in Food and Agricultural Code Section 602.5,
which is not under the purview of the DPR. SB 1332 would
authorize the DPR to adopt and enforce regulations on CO pest
control devices.
According to the DPR, since the passage of Assembly Bill 634
(Huber) in 2011, interest in carbon monoxide devices for pest
control has increased. Initially, these devices were seen as
potential tools for farmers and ranchers to control burrowing
rodents. Supporters claimed that when used in wide open spaces,
CO devices would pose little or no threat. However,
manufacturers of these devices are now marketing them to
schools, local governments and park districts as a
cost-effective way to control rodents.
REGISTERED SUPPORT / OPPOSITION :
Support :
Department of Pesticide Regulation (Sponsor)
California Agricultural Commissioners and Sealers Association
Californians For Pesticide Reform
California Rural Legal Assistance Foundation
Pesticide Action Network North America
Sierra Club California
SB 1332
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Opposition :
None received.
Analysis Prepared by : Bob Fredenburg / E.S. & T.M. / (916)
319-3965