Bill Text: CA AB2113 | 2023-2024 | Regular Session | Chaptered

California Assembly Bill 2113

Bill Title: Pesticides.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2024-07-02 - Chaptered by Secretary of State - Chapter 60, Statutes of 2024. [AB2113 Detail]

Download: California-2023-AB2113-Chaptered.html

Assembly Bill No. 2113

CHAPTER 60

An act to amend Sections 11502.5, 11531, 12114, 12798, 12811.5, 12812, 12824, 12825, 12841, 12841.1, 12841.4, 12842, 12847, 12999.4, 13000, 14006.5, and 14009 of, and to add Sections 11401.7, 11412, 11520, 12811.2, 12824.5, 12839, and 12840 to, the Food and Agricultural Code, and to amend Section 21080 of the Public Resources Code, relating to pesticides, and declaring the urgency thereof, to take effect immediately.

[ Approved by Governor July 02, 2024. Filed with Secretary of State July 02, 2024. ]

LEGISLATIVE COUNSEL'S DIGEST

AB 2113, Garcia. Pesticides.

(1) Existing law prohibits a person from advertising, soliciting, or operating as a pest control business, unless the person has a valid pest control business license issued by the Director of Pesticide Regulation and has registered with the county agricultural commissioner. Existing law exempts from this prohibition persons engaged in specified activities, including household or industrial sanitation services.

This bill would exempt from that prohibition persons engaged in sanitation services for the collection, disposal, and treatment of wastewater, refuse, or sewage, rather than household or industrial sanitation services, persons engaged in pool cleaning services, unless the person is selling, applying, using, or distributing a restricted material, and persons engaged in the live capture and removal or exclusion of mice, rats, and pigeons.

(2) Existing law requires a licensed pest control dealer to report quarterly to the director the total dollars of sales and total pounds or gallons sold into or within this state of each pesticide labeled for agricultural use that are subject to the assessments described below.

This bill would require the above-described report to instead include each pesticide subject to the assessments described below, rather than only those pesticides labeled for agricultural use.

(3) Existing law requires every manufacturer of, importer of, or dealer in any pesticide, except as specified, to obtain a certificate of registration from the Department of Pesticide Regulation before the pesticide is offered for sale. Existing law requires the director to establish, by regulation, fees for the department’s registration program. Existing law requires the director to endeavor to eliminate from use in the state specified pesticides, and in carrying out this responsibility, to develop an orderly program for the continuous evaluation of all pesticides actually registered, as specified.

This bill would require the department, on or before May 1, 2025, and annually thereafter until May 2, 2028, to report the average processing times to review and evaluate, and issue final decisions on applications to register new pesticide products or to amend existing product registrations for the prior calendar year. The bill would require the department, on or before January 31 of each year, to post on its internet website a determination that it might increase certain registration fees during the calendar year, as provided. The bill would require the department, on and after July 1, 2027, to meet certain timelines to review and evaluate, and issue final decisions on applications to register new pesticide products or amend existing pesticide product registrations, except as provided. The bill would require the department, on or before May 1, 2029, and annually thereafter, to report the average processing times for applications to register new pesticide products or amend existing pesticide product registrations for the prior calendar year, as specified.

This bill would require the department, on or before July 1, 2025, and each year thereafter, until July 2, 2029, to annually identify and initiate the reevaluation of potential adverse effects of at least one pesticide in addition to those already under reevaluation and would, on or before July 1, 2029, and each year thereafter, require the department to annually identify and initiate the reevaluation of potential adverse effects of at least 2 pesticides in addition to those already under reevaluation. The bill would also specify timelines for mitigation measures if the department identifies potential adverse effects for a pesticide pursuant to the above-described provisions.

(4) Existing law requires every person who sells a pesticide product for use in this state that has been registered by the director to pay an assessment on all sales of the pesticide product, and requires the director to establish by regulation a mill assessment rate, not to exceed $0.021. Existing law requires the revenues from the assessment to be deposited into the Department of Pesticide Regulation Fund, with $0.0076 per dollar of sales for all pesticides sales for use in this state distributed by the director to the counties as reimbursement for costs incurred in the administration and enforcement of provisions relating to pesticides, and the remainder available for expenditure, upon appropriation by the Legislature, to support the Department of Pesticide Regulation’s operations. Existing law authorizes the director to collect an additional assessment of up to $0.00075 per dollar of sales for all pesticide sales for use in this state, except as specified, if necessary to fund, or augment the funding for, an appropriation to the Department of Food and Agriculture to provide pesticide consultation to the Department of Pesticide Regulation.

This bill would instead require the assessments to be paid by the person or entity that first sold the pesticide for use in this state. The bill would increase, beginning July 1, 2024, the mill assessment rate for registered pesticides. The bill would increase the maximum amount of the additional assessment to $0.00104 per dollar of sales.

This bill would include a change in state statute that would result in a taxpayer paying a higher tax within the meaning of Section 3 of Article XIII A of the California Constitution, and thus would require for passage the approval of ²/₃ of the membership of each house of the Legislature.

(5) Existing law authorizes the director, after a hearing, to cancel the registration of, or refuse to register, a pesticide if one or more specified conditions apply, including that the pesticide has demonstrated serious uncontrollable adverse effects either within or outside the agricultural environment.

This bill would revise those specified conditions, including by revising the above-described condition to instead apply when the pesticide has significant adverse environmental effects for which there is no feasible mitigation available.

(6) Existing law requires an action brought pursuant to specified laws relating to pesticides to be commenced by the director, the commissioner, the Attorney General, the district attorney, the city prosecutor, or the city attorney within 2 years of the occurrence of the violation.

This bill would instead require an action to be brought within 3 years of the occurrence of the violation.

Existing law requires an action brought by the director to collect unpaid mill assessments and delinquent fees or to collect civil penalties for a violation of mill assessment requirements and other specified pesticide provisions to be commenced within 4 years of the occurrence of the violation.

This bill would require specified actions for the above-described violations that are discovered during the course of an audit to be commenced within 2 years from the date of the audit’s completion and would authorize those actions to be brought for a violation occurring within 4 years of the commencement of the audit.

(7) Existing law authorizes an interested person to request the county agricultural commissioner to review their action in issuing, refusing, revoking, suspending, or conditioning a permit to use or possess a restricted material and authorizes the commissioner to affirm, modify, or cancel the permit action reviewed. Existing law authorizes a directly affected person to appeal to the director to review the commissioner’s action. Existing law requires, before conducting a public review, the director to notify directly affected persons at least 72 hours in advance of the location and time of the public review.

This bill would instead authorize an interested person to appeal to the director to review the commissioner’s action within 30 days of the date of receiving the commissioner’s written decision. The bill would delete the above-described 72-hour notice requirement for a public review. The bill would also require the commissioner and the department to report certain information regarding these reviews and appeals.

(8) The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect. CEQA also requires a lead agency to prepare a mitigated negative declaration for a project that may have a significant effect on the environment if revisions in the project would avoid or mitigate that effect and there is no substantial evidence that the project, as revised, would have a significant effect on the environment.

This bill would expressly exempt from CEQA an approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to specified federal laws. Because a lead agency would be required to determine whether a project qualifies for this exemption, the bill would impose a state-mandated local program.

(9) Under existing law, a violation of specified provisions of the Food and Agricultural Code relating to pest control and pesticides is a misdemeanor.

Because a violation of certain of the above provisions would be a crime, the bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for specified reasons.

(10) This bill would declare that it is to take effect immediately as an urgency statute.

Vote: 2/3 Appropriation: NO Fiscal Committee: YES Local Program: YES

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares all of the following:

(a) The Department of Pesticide Regulation is responsible for administering applicable provisions of Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500) of the Food and Agricultural Code.

(b) Pursuant to Section 11501 of the Food and Agricultural Code, the purposes of Division 6 (commencing with Section 11401) and certain provisions of Division 7 (commencing with Section 12500) are as follows:

(1) To provide for the proper, safe, and efficient use of pesticides essential for production of food and fiber and for protection of the public health and safety.

(2) To protect the environment from environmentally harmful pesticides by prohibiting, regulating, or ensuring proper stewardship of those pesticides.

(3) To assure the agricultural and pest control workers of safe working conditions where pesticides are present.

(4) To permit agricultural pest control by competent and responsible licensees and permittees under strict control of the director and commissioners.

(5) To assure consumers and users that pesticides are properly labeled and are appropriate for the use designated by the label and that state or local governmental dissemination of information on pesticidal uses of any registered pesticide product is consistent with the uses for which the product is registered.

(6) To encourage the development and implementation of pest management systems, stressing application of biological and cultural pest control techniques with selective pesticides when necessary to achieve acceptable levels of control with the least possible harm to nontarget organisms and the environment.

(c) The department has multiple methods for assessing, evaluating, and mitigating risks from pesticides. Pursuant to Section 12824 of the Food and Agricultural Code, the department shall, among other things, endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. The department may establish specific criteria to evaluate a pesticide with regard to the factors listed in Section 12825 of the Food and Agricultural Code, including where a pesticide is detrimental to public health and safety when properly used.

(d) Pursuant to Section 11454.1 of the Food and Agricultural Code, the department conducts pesticide risk assessments as appropriate to carry out its responsibilities set forth in Division 6 (commencing with Section 11401) and Division 7 (commencing with Section 12500) of the Food and Agricultural Code and subject to peer review by the Office of Environmental Health Hazard Assessment.

(e) The department may also require the development and submission of additional data through its reevaluation process described in Section 6220 et seq. of Title 3 of the California Code of Regulations.

(f) In carrying out these responsibilities, the department has developed an orderly program for the continuous evaluation of registered pesticides and other activities for evaluating and addressing risks to human health or the environment. These include, but are not limited to, conducting pesticide risk assessments, as appropriate, reevaluating pesticide active ingredients, and developing and implementing measures to mitigate pesticide risks, including by designating pesticides as restricted materials, taking other regulatory action to address risks, and taking action to cancel, suspend, or refuse to register pesticide products. These actions are data-driven and informed by pesticide use monitoring, exposure monitoring and modeling, pesticide illness reports, pesticide enforcement activities, the impacts of climate change, and other relevant information.

SEC. 2.

Section 11401.7 is added to the Food and Agricultural Code, to read:

11401.7.

“Integrated pest management” means an ecosystem-based strategy that focuses on long-term prevention of pests or their damage through a combination of techniques such as biological control, habitat manipulation, modification of cultural practices, and use of resistant varieties. Pesticides are used only after monitoring indicates they are needed according to established guidelines and treatments are made with the goal of removing only the target organism. Pest control materials are selected and applied in a manner that minimizes risks to human health, beneficial and nontarget organisms, and the environment.

SEC. 3.

Section 11412 is added to the Food and Agricultural Code, to read:

11412.

“Sustainable pest management” means a holistic, whole system approach applicable to agricultural and other managed ecosystems and urban and rural communities that builds on the concept of integrated pest management to include the wider context of the three sustainability pillars: human health and social equity; environmental protection; and, economic vitality.

SEC. 4.

Section 11502.5 of the Food and Agricultural Code is amended to read:

11502.5.

(a) The director may adopt regulations to establish the minimum requirements of education, continuing education, training, experience, and examination for applicants for any license or certificate, or renewal of any license or certificate, issued by the director pursuant to this division or Division 7 (commencing with Section 12500). A regulation adopted or amended pursuant to this section pertaining to continuing education requirements shall establish minimum course requirements related to pesticides and pest management. The director shall approve courses that include plant health, organic and sustainable practices, integrated pest management, water and air monitoring and residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants, all in the context of pesticides and pest management. The director shall not renew a license or certificate if the person who was issued the license or certificate did not complete the required continuing education during the period of validity of the license or certificate, and the person shall take and pass the examination to be again issued the license or certificate. The director shall act within 15 business days of receipt to approve or reject continuing education courses submitted to meet the requirements of this division or Division 7 (commencing with Section 12500).

(b) The director shall establish, by regulation, fees for the department’s licensing and certification programs as established pursuant to this division or Division 7 (commencing with Section 12500). These programs include, but are not limited to:

(1) License and certificate examination, application, and renewal.

(2) Approval of continuing education courses and continuing education course providers.

(3) Changes related to any license or certificate, including, but not limited to, name or address changes, license or certificate replacement costs, duplicate copy of a license or certificate, and changes in qualified person, bond, insurance, or registered officers.

(4) Penalties for late payment of licensing and certification fees.

(d) The regulations shall provide that the examination fee may be charged to applicants who request the secretary to reschedule an examination due to the applicant’s failure to obtain a passing score or failure to appear for the scheduled examination, and for scheduling an examination to amend a license.

(e) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for these programs contained in the annual Budget Act. If the secretary determines that the revenue collected during the preceding year was greater than, or less than, the expenditure levels for these programs set forth in the Budget Act, the secretary may further adjust the current fees to compensate for the overcollection or undercollection.

(f) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation, for purposes of carrying out the programs established pursuant to this division or Division 7 (commencing with Section 12500).

(g) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the secretary in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. The adoption of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the emergency regulations adopted pursuant to this section shall remain in effect until amended by the secretary.

(h) On or before January 31 of each year, if the director determines that they might increase the fees established pursuant to this section during that calendar year, the department shall post the determination on its internet website and shall distribute the determination through any of the department’s relevant email lists.

SEC. 5.

Section 11520 is added to the Food and Agricultural Code, to read:

11520.

(a) The Legislature finds and declares that it is important for California to implement sustainable pest management.

(b) In order to achieve the goal described in subdivision (a), it is the intent of the Legislature that the state do all of the following:

(1) Prioritize prevention and strengthen California’s commitment to pest prevention by doing both of the following fundamental actions:

(A) Proactively preventing the establishment of new invasive pest species through a significant expansion of the state’s biosecurity and invasive pest mitigation system.

(B) Proactively eliminating pest-conducive conditions both in agricultural and urban settings.

(2) Coordinate state-level leadership by doing all of the following:

(A) Creating an accountable and connected leadership structure so that the state effectively embeds sustainable pest management principles across agencies.

(B) Identifying ways to improve coordination within and between agencies and programs for both agricultural and urban pest management.

(D) Prompting the development of alternatives by encouraging research and innovation.

(3) (A) Invest in building sustainable pest management knowledge by significantly reinvesting in sustainable pest management-focused research and outreach so that all pest management practitioners have equal and adequate access to the support and resources necessary to develop and implement their own sustainable pest management system in a way that effectively manages pests, minimizes adverse impacts to humans and the environment, and is economically viable.

(B) In agricultural pest management, subparagraph (A) includes securing a significant increase in sustainable pest management-trained technical advisers and funding for sustainable pest management research and outreach and increasing human capacity for those programs in ways that reflect and serve the diversity of California farms and agricultural producers.

(C) In urban pest management, subparagraph (A) includes expanding funding and infrastructure for urban sustainable pest management research, innovation, and outreach to align with and reflect the volume and impacts of pesticides used in urban contexts, which requires providing adequate dedicated annual funding for urban-focused academics, research, and extension.

(4) Improve California’s pesticide registration processes and bring more alternative products to market by doing all of the following:

(A) Creating mechanisms to improve the department’s registration review process and to prioritize and expedite safer, more sustainable products.

(B) Requiring the department’s processes to reflect the goals of sustainable pest management and requiring the department to provide clarity on its scientific review and decisionmaking process for both registrants and the public.

(5) Enhance monitoring and data collection by significantly expanding and fully funding health and environmental monitoring infrastructure, data collection, and interpretation, which will enable the state to accurately track pesticide-related human illnesses and the presence of pesticides in land, water, air, biota, and structures and provide pesticide-use data and information needed for sound regulatory decisions.

SEC. 6.

Section 11531 of the Food and Agricultural Code is amended to read:

11531.

Except as provided in Chapter 6 (commencing with Section 12001), this division does not apply to any person while engaged in any of the following:

(a) An activity that is defined as structural pest control and required to be licensed under Chapter 14 (commencing with Section 8500) of Division 3 of the Business and Professions Code.

(b) Preservative treatment of fabrics or structural materials.

(d) Seed treatment that is incidental to the person’s regular business.

(e) Live capture and removal or exclusion of vertebrate pests, bees, or wasps without the use of pesticides. Vertebrate pests include, but are not limited to, bats, raccoons, skunks, squirrels, mice, rats, and pigeons. This section does not exempt a person from the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code).

(f) Pool cleaning services, unless the person is selling, applying, using, or distributing a restricted material.

SEC. 7.

Section 12114 of the Food and Agricultural Code is amended to read:

12114.

(a) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall maintain at their principal place of business the records of its purchases, sales, and distributions of pesticides into or within this state, including those of its branch locations, for four years. Each dealer shall also maintain the pesticide broker or pest control dealer license number of any pesticide broker or pest control dealer from whom the dealer purchased pesticides registered by the director and labeled for agricultural use. The records shall be available for audit by the director.

(b) Each licensed pest control dealer, and each person who is required to be licensed as a pest control dealer pursuant to Section 12101, shall report quarterly to the director the total dollars of sales and total pounds or gallons sold into or within this state of each pesticide subject to Sections 12841 and 12841.1. The quarterly report shall be in the form prescribed by the director and shall include information from the dealer’s licensed branch locations, if any, and any other information specified on the form or required by the director. The report shall include a certification, under penalty of perjury, that the information contained in the report is true and correct. The report shall accompany payment of assessments required by Sections 12841 and 12841.1.

SEC. 8.

Section 12798 of the Food and Agricultural Code is amended to read:

12798.

(a) The department shall establish a competitive grants program to make funds available to qualified public and private entities to conduct pest management research projects. All of the research related to pest management funded by the department shall be administered pursuant to this program.

(b) Research conducted pursuant to this section shall have the further development of alternative pest management practices and methods and the further development of pest exclusion detection and eradication methods as priorities. Before making research awards, the department shall assess existing research activities and developments in integrated pest management, alternatives to pesticides, and other alternative pest management practices and methods, including, but not limited to, cultural, biological, and biotechnological research.

(c) (1) The secretary shall establish a Pest Management Research Committee, which shall award all funds under the competitive grants program.

(2) The primary objective of the committee is the further development of pest prevention activities and alternative pest management practices, techniques, and methods that exclude serious pests, as determined by the committee, detect and quickly eliminate small infestations of foreign pests, and reduce pesticide use, minimize or eliminate pesticide residues, or result in the use of safer pesticides. In achieving that objective, the committee shall encourage the development and use of biological controls, integrated pest management, biotechnology, cultural, pest prevention, and other alternative pest management methods that are environmentally sound and economically viable.

(3) The committee shall consist of the following 12 persons, who shall serve at the pleasure of the secretary:

(A) The Secretary of Food and Agriculture or their designee, who shall serve as chairperson.

(B) The President of the University of California or their designee.

(D) Two members who represent the agricultural community, one of whom is an experienced organic farmer and one of whom is knowledgeable and experienced in alternative pest management techniques.

(E) Two members who represent pest management researchers, one of whom represents California’s public and private colleges and universities and one of whom represents California’s independent research community, both of whom are knowledgeable in pest prevention, control, eradication, and pest management.

(F) One member who represents public interest organizations, qualified in environmental or public health, or both, and knowledgeable in alternative pest management techniques.

(G) One member who represents the Office of Environmental Health Hazard Assessment, with experience in public health or toxicology.

(H) One member who represents county agricultural commissioners, knowledgeable and experienced in alternative pest management techniques and pest prevention, control, and eradication.

(I) One member who represents the Department of Pesticide Regulation, with experience in pest management systems.

(J) One member who represents the State Department of Public Health, with experience in public health.

(4) The committee shall award funds based upon a competitive application process that meets the eligibility of fulfilling, and has the ability to fulfill, the objectives of this section.

(5) The approval of research proposals shall be made by a majority vote of the membership of the committee.

(d) For any proposals funded pursuant to this section, the department shall require reasonable accountability, including performance standards, periodic reports, deadlines, and payments conditioned on compliance with performance standards and deadlines.

(e) Funding for second and subsequent years of a multiyear award shall be contingent upon satisfactory completion by the grantee of the prior year grant objectives or deliverables, as determined by the committee.

(f) In order to facilitate the use of pest management practices and methods developed pursuant to this section, the secretary shall cooperate with qualified public and private entities to provide outreach consultation, information dissemination, and educational services to the agricultural community and other interested parties.

SEC. 9.

Section 12811.2 is added to the Food and Agricultural Code, to read:

12811.2.

(a) On or before May 1, 2025, and annually thereafter, until May 2, 2028, the department shall annually report the average processing times to review and evaluate, and issue final decisions on applications to register new pesticide products or amend existing pesticide product registrations for the prior calendar year, and post this information on its internet website. The report shall include the number of days, on average, that it took to complete an application and the number of days, on average, that an application spent in intake and in each stage of scientific evaluation.

(b) On or before May 1, 2029, and annually thereafter, the department shall report the average processing times for the applications described in subdivision (a) for the prior calendar year and post this information on its internet website. This information shall include all of the following:

(1) The number of applications by registration category that were completed within the timeframes specified pursuant to subdivision (a) of Section 12839. This number shall be reported based on nonagricultural, agricultural, and dual use products.

(2) The number of applications that exceeded the timeframes specified in each of subdivision (a), (d), or (e) of Section 12839. This number shall be reported for each respective subdivision based on nonagricultural, agricultural, and dual use products.

(3) The number of days applications spent, on average, in intake and at each stage of scientific evaluation.

SEC. 10.

Section 12811.5 of the Food and Agricultural Code is amended to read:

12811.5.

The director may rely on any evaluations of previously submitted data to determine whether to accept an application for registration of a new pesticide product, an amendment to the registration of a registered pesticide product, or to maintain the registration of a registered pesticide product regardless of the ownership of the data previously evaluated, if the previously submitted data fulfills current data requirements. However, effective January 1, 2006, applicants will be subject to the following provisions:

(a) (1) If an applicant for registration of a pesticide product, or an amendment to the registration of a registered pesticide product, including a registrant that desires to maintain its registration of a registered pesticide product after the director makes a formal request for additional data pursuant to reevaluation or Section 12824, does not submit its own data to fulfill a current data requirement imposed by the director and relies on data that the applicant does not own or have written permission to rely on that was submitted to the director by another entity after January 1, 1991, and meets the three criteria set forth in this subdivision, the applicant shall either: (A) obtain written permission from the data owner to rely on the data; (B) formulate or obtain its product from a source that has data authorization from the data owner, or a source that complies with subdivision (c); or (C) if the data meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2), irrevocably offer to pay the data owner a share of the cost of producing the data and comply with subdivision (d). The director may rely on data submitted before January 1, 1991, or that does not meet the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2) to support any application or comply with any formal reevaluation request for additional data, without permission from the data owner. An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in subparagraphs (A), (B), and (C) of paragraph (2).

(2) To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements:

(A) The data was required by the director in order to obtain, amend, or maintain the data owner’s California registration or registrations for uses covered by the application, amendment, or formal request for additional data pursuant to reevaluation or Section 12824.

(B) There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of data in California was excluded from compensation or cost sharing on its face.

(C) The data that fulfills a current requirement was submitted to the United States Environmental Protection Agency or the department no more than 15 years before the date of the applicant’s California registration, application, or amendment or the formal reevaluation request for additional data to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency.

(b) If the director previously imposed a specific documented data requirement after January 1, 1991, to obtain, amend, or maintain the California registration of a pesticide product substantially similar to the applicant’s product and that data requirement is not currently imposed in California for registration, amendment, or maintenance of the applicant’s product, the applicant is further obligated to submit data to meet the requirement, obtain written permission from an owner of the data to rely on the data, formulate or obtain its product from a source that has authorization from the data owner to rely on the data or from a source that complies with subdivision (c), or, if the data meets the criteria set forth in paragraphs (1), (2), and (3), irrevocably offer to pay the data owner a share in the cost of producing the data and comply with subdivision (c). An offer to pay, and a payment pursuant to that offer, shall only be required as to data not submitted by the applicant that meets the criteria set forth in paragraphs (1), (2), and (3). To be eligible for cost sharing pursuant to this subdivision, the data shall meet all of the following requirements:

(1) The data met a specific, documented requirement of the director to obtain, amend, or maintain the California registration of the data owner’s pesticide product for a use covered by the applicant’s application or amendment.

(2) There has been no arbitration award, data compensation, or data cost-sharing agreement pertaining to data supporting the product at the federal level pursuant to Section 3(c)(1)(F)(iii) or 3(c)(2)(B) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136a(c)(1)(F)(iii) or 136a(c)(2)(B)), or, if an award or agreement exists, the use of the data in California was excluded from compensation or cost sharing on its face.

(3) The data was submitted to the United States Environmental Protection Agency or Department of Pesticide Regulation by the data owner after January 1, 1991, and no more than 15 years before the date of the applicant’s California application for registration or amendment or the response to a formal specific document data requirement to which the registrant’s reliance responds, provided that as to data submitted to the department as of August 1, 2005, in support of the first registration of a product, the applicable period shall be 17 years from the date of submission to the United States Environmental Protection Agency.

(c) An applicant may formulate its product from a source that does not have data authorization if that source has submitted data to support the product or makes or has made an irrevocable offer to pay the data owner a share of the cost of producing the data required pursuant to subdivision (a) or (b) for the applicant’s product and complies with or has made payment in accordance with subdivision (d). If the source has already reached a data compensation or cost-sharing agreement or there has been an arbitration award under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136) that excludes the right to rely on the data to satisfy the California requirement on its face, the source shall make or have made a new irrevocable offer to pay a share of the cost of producing that data to support the applicant’s product in California and comply with subdivision (d).

(d) (1) If an applicant is required to offer to pay a share in the cost of producing the data pursuant to subdivision (a) or (b), or if a source of product makes an offer pursuant to subdivision (c), the applicant or source shall submit to the data owner upon application to the department an irrevocable offer to pay the data owner a share in the cost of producing the data and to comply with regulations promulgated under this subdivision to determine the amount and terms, if the parties cannot agree. If a data owner for which cost sharing is required under subdivision (a) or (b) cannot be identified from information readily available to the applicant, the applicant’s obligation under subdivision (a) or (b) will be absolved if the data owner does not identify themselves to the applicant within 12 months after registration of the pesticide product. If within 12 months of registration, the data owner identifies themselves to the applicant and the applicant has not already made an irrevocable offer to pay to the data owner, or the applicant’s source of product has not made an offer pursuant to subdivision (c), the applicant shall do so promptly. In either event, the specific terms and amount of payments to be made shall be fixed by agreement between the applicant and the data owner, but determination of those amounts and terms shall not delay approval of the applicant’s application.

(2) If agreement cannot be reached about the terms and amount of payment required by this section at any time more than 90 days after issuance of an irrevocable offer to pay, either the applicant, source, or data owner may initiate, or with the consent of all parties, join a proceeding under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136), pursuant to regulations promulgated by the director pursuant to this section. The purpose of this proceeding shall be to determine the amount due under this section. The director shall promulgate those regulations as emergency regulations within 60 days of the enactment of the bill that enacts this section. The regulations shall provide all of the following:

(A) Allow the proceeding authorized by this subdivision, upon mutual agreement of the parties, to be consolidated with dispute resolution under the Federal Insecticide, Fungicide, and Rodenticide Act (commencing with 7 U.S.C. Sec. 136).

(B) Require that the decisionmaker consider, among other factors, that the data owner’s exclusive right to sell the pesticide resulted in the data owner recovering all or part of the costs of generating the data.

(e) If a data owner fails to participate in a procedure for reaching an agreement or in a proceeding as required by subdivision (d), or fails to comply with the terms of an agreement or decision conducted under subdivision (d), then that data owner forfeits their right to cost recovery as a result of the use of the data at issue.

(f) If the director finds that an applicant has failed to make an offer to pay as required under subdivision (a) or (b), or if its source of product has failed to make an offer pursuant to subdivision (c), or if an applicant or its source of product has failed to participate in a proceeding for reaching an agreement, has refused to participate in a proceeding pursuant to subdivision (d), or has failed to comply with an agreement or to comply with an order, or to pay an award resulting from that proceeding, the director shall cancel the registration of the pesticide product in support of which the data was used in accordance with subdivision (g), notwithstanding Section 12825.

(g) If the applicant subject to subdivision (a) or (b) fails to comply with this article, the data owner shall notify the director of the specific provision of noncompliance and provide proof of notification to the applicant of its claim of noncompliance. All parties shall have 30 days from the date of receipt of notification by the director to submit written evidence or arguments to the director regarding the claim and any defenses thereto. The director shall provide a written finding within 60 days of the deadline for submission as to the claim and the resulting consequences.

(h) A hearing or live testimony shall not be conducted under subdivision (g) and this proceeding shall not be used as mechanism to prevent or delay the registration or payment for cost sharing as determined by this article. The finding of the director shall be final and conclusive, except that any party aggrieved by such a finding may seek review within 30 days of the finding pursuant to Section 1094.5 of the Code of Civil Procedure.

(i) In lieu of seeking a determination by the director and cancellation of the registration pursuant to subdivision (f), the data owner may bring an action in any California court of competent jurisdiction against the applicant to enforce the obligations of that party set forth in this section.

(j) Cost sharing as provided in subdivisions (a), (b), and (c) shall not be required to support an application for annual renewal of a pesticide product registration, provided this provision shall not authorize renewal of a product registered before the effective date of this section if that registration is declared to have been unlawfully issued by a court of competent jurisdiction.

(k) The Department of Pesticide Regulation shall make available in the public domain its index of data submitted in support of registration applications, the ownership of that data, and the date it was submitted to California.

SEC. 11.

Section 12812 of the Food and Agricultural Code is amended to read:

12812.

(a) The director shall establish, by regulation, fees for the department’s registration program, as established pursuant to this division. The fees shall include, but are not limited to, the following:

(1) Annual fees for each product submitted for registration.

(2) Penalties for the late payment of registration fees.

(3) Fees for amendments to registered products.

(b) The fees established pursuant to this section may include costs for administration and overhead in connection with administering the fees.

(c) The fees established pursuant to this section shall be set so that the total revenue collected each fiscal year is sufficient to support the expenditure levels for the registration program contained in the annual Budget Act.

(d) Funds collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund, and shall be available for expenditure by the department, upon appropriation by the Legislature, for purposes of carrying out the department’s pesticide registration program, as established pursuant to this division.

(e) The regulations adopted pursuant to this section, or any amendment or readoption thereto, shall be adopted by the director in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the adoption, amendment, readoption, or repeal of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the regulations shall remain in effect until amended by the director.

(f) On or before January 31 of each year, if the department determines that it might increase the fees established pursuant to this section during the calendar year, the department shall post the determination on its internet website and send the determination through any of its relevant, registration-related email lists.

SEC. 12.

Section 12824 of the Food and Agricultural Code is amended to read:

12824.

(a) The director shall endeavor to eliminate from use in the state any pesticide that endangers the agricultural or nonagricultural environment, is not beneficial for the purposes for which it is sold, or is misrepresented. In carrying out this responsibility, the director shall develop an orderly program for the continuous evaluation of all pesticides actually registered.

(b) Before a substance is registered as a pesticide for the first time, there shall be a thorough and timely evaluation in accordance with this section. Appropriate restrictions may be placed on its use, including, but not limited to, limitations on quantity, area, and manner of application. All pesticides for which renewal of registration is sought also shall be evaluated in accordance with this section.

(c) The director may establish specific criteria to evaluate a pesticide with regard to the factors listed in Section 12825. The department may establish performance standards and tests that are to be conducted or financed, or both conducted and financed, by the registrants, applicants for registration, or parties interested in the registration of those pesticides.

(d) Each pesticide registrant or applicant shall, upon request of the director, submit any data determined by the director to be necessary to carry out this section.

SEC. 13.

Section 12824.5 is added to the Food and Agricultural Code, to read:

12824.5.

(a) (1) On or before July 1, 2025, and annually thereafter, until July 2, 2029, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least one pesticide in addition to those already under reevaluation.

(2) On or before July 1, 2029, and each year thereafter, the department shall annually identify and initiate the reevaluation of potential adverse effects of at least two pesticides in addition to those already under reevaluation.

(b) (1) If the department identifies potential adverse effects of a pesticide pursuant to subdivision (a), the department shall adopt any necessary mitigation measures within 24 months.

(2) If the department is unable to adopt mitigation measures within 24 months, the director shall set forth the reasons this requirement has not been met in the report described in subdivision (c), and include an updated projected timeline for adopting mitigation measures, which shall not exceed an additional 6 months.

(c) The department shall annually report on, and post on its internet website, its actions to identify and evaluate potential adverse effects of pesticides, and to develop mitigation measures to address those effects. The report and internet website posting shall include, but not be limited to, a list of pesticides under risk assessment, reevaluation, or mitigation development, and shall provide the current status and projected timelines associated with each of those actions and all other applicable reporting requirements in this chapter.

(d) The department, on or before July 1, 2026, shall identify actions to improve the efficiency of its internal processes for reevaluating pesticides. The goal of these actions shall be to complete new reevaluations within five years of their initiation. If the department identifies any regulatory or statutory changes that would improve the efficiency of the reevaluation process, the director shall notify the respective policy and fiscal committees of the Legislature of those changes on or before July 1, 2026.

(e) The department, on or before January 1, 2025, shall post on its internet website an estimated completion time for the pesticides that the department has under reevaluation as of January 1, 2024.

SEC. 14.

Section 12825 of the Food and Agricultural Code is amended to read:

12825.

(a) Pursuant to Section 12824, the director, after a hearing, may cancel the registration of, or refuse to register, a pesticide if any of the following conditions apply:

(1) The pesticide has significant adverse environmental effects for which there is no feasible mitigation available.

(2) The use of the pesticide is of less public value or greater detriment to the environment than the benefit received by its use.

(3) There is a reasonable, effective, and practicable alternate material or procedure for the pesticide that is demonstrably less destructive to the environment.

(4) The pesticide, when properly used, is detrimental to vegetation, except weeds, to domestic animals, or to the public health and safety.

(5) The pesticide is of little or no value for the purpose for which it is intended.

(6) The registrant or their agent makes or implies a false or misleading statement concerning the pesticide, either verbally or in writing, or in the form of any advertising literature, for the purpose of meeting any registration requirement under this division, or that is otherwise related in any way to the pesticide.

(7) The director determines that the registrant has failed to report an adverse effect or risk for the pesticide as required by Section 12825.5.

(8) The director determines that the registrant has failed to comply with the requirements of a reevaluation or to submit the data required as part of the reevaluation of the registrant’s product or pursuant to Section 12824.

(9) The pesticide is required to be registered pursuant to the federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136 et seq.) and is not so registered.

(b) In making a determination pursuant to this section, the director may require those practical demonstrations that are necessary to determine the facts.

SEC. 15.

Section 12839 is added to the Food and Agricultural Code, immediately following Section 12838, to read:

12839.

(a) On and after July 1, 2027, the department shall meet the following timelines to review and evaluate, and issue final decisions on applications to register new pesticide products or amend existing pesticide product registrations, as specified in this article, except as provided in subdivisions (b), (d), and (e).

(1) For review and evaluation of and issuance of a final decision on an application for registration of a new active ingredient, 30 months from the date of submittal of a complete application.

(2) For review and evaluation of and issuance of a final decision on an application for registration of a new product or letter of acceptance to amend an existing product registration, when previously evaluated data support registration or amendment and no supporting scientific data is required for review, six months from the date of submittal of a complete application.

(3) For review and evaluation of and issuance of a final decision on an application for registration of a new product or letter of acceptance to amend an existing product registration, when evaluation of data is required, 12 months from the date of submittal of a complete application.

(4) In cases where the submitted application for registration of a new product or amendment of an existing product registration does not include supporting scientific data for review, but the department subsequently determines that the application requires data evaluation, 12 months from the date of submittal of the required data.

(b) The department may toll the applicable timeline provided in subdivision (a) under any of the following circumstances:

(1) The applicant fails to correct a deficiency with the application identified by the department within a 15-business-day timeframe.

(2) An application requires United States Environmental Protection Agency approval.

(3) The applicant corrects a deficiency with the application, but also makes substantive changes to the product or label that exceeds correcting the deficiency.

(4) Nonpayment of a registration fee by the applicant for the certificate of registration.

(5) The application is reliant on data associated with another identical or substantially similar product submission undergoing registration review by the department.

(c) Upon the conclusion of a circumstance that was the basis for the department tolling an applicable timeline pursuant to subdivision (b), the tolling period shall end and the applicable timeline shall resume within 15 business days after the department became aware of the conclusion of the circumstance.

(d) If the department cannot meet an applicable timeline provided in subdivision (a), the director may extend the timeline for up to two 60-day periods by notifying the applicant in writing and specifying both of the following:

(1) The reasons why additional time is needed.

(2) The estimated number of days needed that would allow the director to complete the certificate of registration.

(e) In addition to subdivision (d), the director and the applicant may mutually agree, in writing, to additionally extend an applicable timeline provided in subdivision (a).

SEC. 16.

Section 12840 is added to the Food and Agricultural Code, immediately following Section 12839, to read:

12840.

(a) It is the intent of the Legislature that, when the department hires staff due to the mill increases described in Section 12841 and registration fee increases in 2024, the department prioritize hiring for positions within the pesticide registration branch.

(b) Beginning in 2025, the director, when requested by the appropriate policy committees of the Assembly and Senate, but no less than once every two years, shall appear before the appropriate policy committees of the Assembly and Senate to provide an update on the department’s performance, including, but not limited to, its performance completing timely registrations and reevaluations pursuant to this chapter, and any other information that the committees request.

SEC. 17.

Section 12841 of the Food and Agricultural Code is amended to read:

12841.

(a) A person shall not sell for use in this state any pesticide products that have been registered by the director for which the mill assessment established by this article, and the regulations adopted pursuant to it, is not paid at the times specified in Section 12843.

(b) Except as provided in subdivision (d), every person who sells for use in this state a pesticide product that has been registered by the director shall pay to the director the applicable assessment. Those sales expressly include all sales made electronically, telephonically, or by any other means that result in a pesticide product being shipped to or used in this state. There is a rebuttable presumption that pesticide products that are sold or distributed into or within this state by any person are sold or distributed for use in this state.

(c) Upon application of a registrant, the director shall determine whether a fertilizer or paper product is used as a carrier for a pesticide, and is sold in combination, and whether the mill assessment under this article shall be on the pesticide value only, when the product is designed, developed, and manufactured, and sold primarily for other than a pesticide use. If the director finds that the combination product has such a major component and is designed, developed, manufactured, and sold primarily for other than a pesticide use, the assessment provided by this article shall be paid on the equivalent percentage of the sales price of the active ingredients of the pesticide product. The director shall establish this percentage of the sales price. The percentage shall be the ratio of that portion of the sales price attributable to the pesticide portion to the total sales price of the combination product.

(d) Assessments provided for in this article for sales of registered pesticides that are sold for use in this state shall be paid by the person or entity that first sold the pesticide for use in this state.

(e) It has been and continues to be the intent of the Legislature that this division requires the department to register all pesticides before their sale for use in this state and, except as otherwise provided by law, requires the department to regulate and control the use of pesticides in accordance with this division. Except as provided in Section 12841.1, the department shall continue to collect the assessment as provided in this article at the same rate on all registered agricultural and registered nonagricultural pesticides.

(f) (1) The mill assessment shall be paid at the following rates per dollar of sales for all sales of pesticides for use in this state:

(A) From July 1, 2024, to June 30, 2025, inclusive, the rate shall be 24.5 mills ($0.0245) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(B) From July 1, 2025, to June 30, 2026, inclusive, the rate shall be 27 mills ($0.027) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(C) From July 1, 2026, to June 30, 2027, inclusive, the rate shall be 29 mills ($0.029) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(D) On and after July 1, 2027, the rate shall be 30 mills ($0.030) per dollar sales of all sales of registered pesticides for use in this state plus any additional assessment authorized by Section 12841.1.

(2) The regulations adopted pursuant to this section, or any amendment thereto, shall be adopted by the director in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. However, the adoption, amendment, readoption, or repeal of these regulations shall be considered by the Office of Administrative Law as an emergency, and necessary for the immediate preservation of the public peace, health, safety, and general welfare. Notwithstanding any other law, the regulations shall remain in effect until amended by the director. The director shall make available to the public, upon the adoption of an emergency regulation establishing a new rate, the information on which the director has calculated, based, or determined the new rate.

(g) The revenue collected pursuant to this section shall be deposited into the Department of Pesticide Regulation Fund and distributed as follows:

(1) Notwithstanding Sections 2282 and 12784, the director shall pay, in accordance with the criteria set forth in Section 12844, the following amounts to the counties as reimbursement for costs incurred by the counties in the administration and enforcement of Division 6 (commencing with Section 11401), this chapter, Chapter 3 (commencing with Section 14001), Chapter 3.4 (commencing with Section 14090), and Chapter 3.5 (commencing with Section 14101):

(A) From January 1, 1998, to March 31, 1998, inclusive, five-eighths of the money received during that period pursuant to this section.

(B) From April 1, 1998, to June 30, 2004, an amount equal to the revenue derived from 6 mills ($0.006) per dollar of sales for all pesticide sales for use in this state.

(C) Beginning July 1, 2004, an amount equal to the revenue derived from 7.6 mills ($0.0076) per dollar of sales for all pesticide sales for use in this state.

(2) All funds not otherwise distributed pursuant to this subdivision shall remain in the Department of Pesticide Regulation Fund and shall be available for expenditure, upon appropriation by the Legislature, to support the department’s operations.

(h) For purposes of this section, “active ingredient” means any active ingredient that is required to be stated on the label on any registered pesticide under Section 12883.

SEC. 18.

Section 12841.1 of the Food and Agricultural Code is amended to read:

12841.1.

(a) The director may collect an assessment, in addition to the mill assessment collected pursuant to Section 12841, for all pesticide sales for use in this state except for sales for use in this state of pesticides labeled solely for home, industrial, or institutional use. The director may only collect up to an additional 1.04 mills ($0.00104) per dollar of sales, in addition to the rate established pursuant to Section 12841, if necessary to fund, or augment the funding for, an appropriation to the Department of Food and Agriculture to provide pesticide consultation to the department pursuant to Section 11454.2. The necessity of this additional assessment shall be determined by the Secretary of Food and Agriculture, in consultation with the director, on an annual basis after consideration of all other revenue sources, including any reserves, that may be appropriated for this purpose. The secretary’s written determination, including a request for a specified additional assessment and the basis for that request, shall be provided to the director by a time and in a manner prescribed by the director.

(b) The revenue collected pursuant to this section shall be deposited monthly into a separate account in the Department of Food and Agriculture Fund. These revenues shall be expended only by the Department of Food and Agriculture, upon appropriation by the Legislature, to provide consultation to the department pursuant to Section 11454.2. Funds shall not be expended before the execution of a memorandum of understanding pursuant to subdivision (b) of Section 11454.2. The consultation activities to be undertaken by the Department of Food and Agriculture are limited solely to those specifically authorized in the memorandum of understanding executed pursuant to Section 11454.2. These funds shall not be expended for scientific risk assessment activities. The department shall be reimbursed from the Department of Food and Agriculture Fund for the department’s revenue collection activities. If the director determines that a person is entitled to a refund of mill assessment funds that were collected pursuant to this section, the director shall inform the Secretary of Food and Agriculture of the amount of the refund due, which shall be reimbursed from the Department of Food and Agriculture Fund.

SEC. 19.

Section 12841.4 of the Food and Agricultural Code is amended to read:

12841.4.

(a) Every registrant of any production agricultural- or structural-use pesticide product sold for use in this state that is packaged in rigid, nonrefillable, high-density polyethylene (HDPE) containers of 55 gallons or less shall establish a recycling program, or demonstrate participation in a recycling program to ensure HDPE containers are recycled. Container recycling shall comply with the American National Standards Institute American Society of Agriculture and Biological Engineers Standard S596, entitled Recycling Plastic Containers from Pesticides and Pesticide-Related Products, as published in February 2006. The records required by these standards shall be maintained for four years and shall be subject to audit by the director.

(b) A registrant who is required to establish or participate in a recycling program pursuant to this section shall provide to the director, at least annually, a document certifying that this requirement has been met.

(c) (1) The director may adopt regulations to carry out the purposes of this section. Upon a federal pesticide container recycling program being adopted, the director may adopt regulations to conform to the federal program.

(2) It is the intent of the Legislature in enacting this section that any regulatory standards adopted by the department shall be at least as stringent as those standards referred to in subdivision (a).

(d) The department shall estimate a recycling rate for pesticide containers and propose suggestions for program improvements and post this information annually on its internet website.

SEC. 20.

Section 12842 of the Food and Agricultural Code is amended to read:

12842.

Every person who sells for use in this state any pesticide products that have been registered by the director shall maintain in this state, or with the director’s permission at another location, an accurate record of all pesticide transactions for four years. The records are subject to audit by the director and shall clearly demonstrate proof of payment of all applicable assessments for each registered pesticide product sold for use in this state.

SEC. 21.

Section 12847 of the Food and Agricultural Code is amended to read:

12847.

Sales invoices for pesticides first sold into or within this state shall show that the assessments specified in Sections 12841 and 12841.1 will be paid by the person or entity that first sold the pesticide for use in the state. All other sales invoices for pesticides sold into or within this state, except retail sales of those nonagricultural pesticides labeled only for home, industrial, or institutional use, shall show as a comment on the invoice that the assessment will be paid, and may show an amount or rate that represents the assessment. However, only the person who actually will pay the assessment may show the amount or rate of the assessment as a line item on the sales invoice.

SEC. 22.

Section 12999.4 of the Food and Agricultural Code is amended to read:

12999.4.

(a) In lieu of civil prosecution by the director, the director may levy a civil penalty against a person violating subdivision (d) or (e) of Section 11792, Sections 12101, 12101.5, 12114, 12115, 12116, 12581, 12603, 12671, 12992, and 12993, Chapter 10 (commencing with Section 12400) of Division 6, Article 4.5 (commencing with Section 12841), Section 13186.5, Chapter 7.5 (commencing with Section 15300), or the regulations adopted pursuant to those provisions, and Sections 6560, 6562, 6564, 6568, 6574, 6576, and 6577 of Title 3 of the California Code of Regulations, of not more than fifteen thousand dollars ($15,000) for each violation.

(b) Before a civil penalty is levied, the person charged with the violation shall be given a written notice of the proposed action, including the nature of the violation and the amount of the proposed penalty, and shall have the right to request a hearing within 20 days after receiving notice of the proposed action. A notice of the proposed action that is sent by certified mail to the last known address of the person charged shall be considered received even if delivery is refused or the notice is not accepted at that address. If a hearing is requested, notice of the time and place of the hearing shall be given at least 10 days before the date set for the hearing. Before the hearing, the person shall be given an opportunity to review the director’s evidence. At the hearing, the person shall be given the opportunity to present evidence on their own behalf. If a hearing is not timely requested, the director may take the action proposed without a hearing.

(c) If the person against whom the director levied a civil penalty requested and appeared at a hearing, the person may seek review of the director’s decision within 30 days of the date of the decision pursuant to Section 1094.5 of the Code of Civil Procedure.

(d) After the exhaustion of the review procedure provided in this section, the director, or the director’s representative, may file a certified copy of a final decision of the director that directs the payment of a civil penalty and, if applicable, any order that denies a petition for a writ of administrative mandamus, with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity with the decision or order. Pursuant to Section 6103 of the Government Code, the clerk of the superior court shall not charge a fee for the performance of any official service required in connection with the entry of judgment pursuant to this section.

(e) Any money recovered under this section shall be paid into the Department of Pesticide Regulation Fund for use by the department, upon appropriation by the Legislature, in administering this division and Division 6 (commencing with Section 11401).

SEC. 23.

Section 13000 of the Food and Agricultural Code is amended to read:

13000.

(a) Except as provided in subdivisions (b) and (c), an action brought pursuant to this article shall be commenced by the director, the commissioner, the Attorney General, the district attorney, the city prosecutor, or the city attorney, as the case may be, within three years of the occurrence of the violation.

(b) When a commissioner submits a completed investigation to the director for action by the director or the Attorney General, the action shall be commenced within one year of that submission. However, this subdivision does not preclude the director from returning the investigation to the commissioner for action to be commenced by the commissioner, the district attorney, the city prosecutor, or the city attorney, as provided in subdivision (a).

(c) (1) An action brought by the director to collect unpaid mill assessments and delinquent fees required by Article 4.5 (commencing with Section 12841) or an action brought by the director to collect civil penalties pursuant to Section 12999.4 for violations of Article 4.5 (commencing with Section 12841), Section 12992, Section 12993, or Section 12995 shall be commenced within four years of the occurrence of the violation, except as provided in paragraph (2).

(2) An action brought by the director pursuant to Section 12999.4 or 12998 for violations of Article 4.5 (commencing with Section 12841) or Section 12992, 12993, or 12995 that are discovered during the course of an audit performed pursuant to Section 12842 shall be commenced within two years from the date of audit completion and may be brought for a violation occurring within four years of the commencement of the audit.

SEC. 24.

Section 14006.5 of the Food and Agricultural Code is amended to read:

14006.5.

(a) Except as provided in Section 14006.6, a person shall not use or possess a pesticide designated as a restricted material for any agricultural use except under a written permit of the commissioner. A permit shall not be issued for any restricted material for use in any manner other than pursuant to its registration without the approval of the director. In addition, a permit shall not be granted if the commissioner determines that paragraph (1), (2), or (3) of subdivision (a) of Section 12825 would be applicable to the proposed use.

(b) Before issuing a permit for a pesticide, the commissioner shall consider local conditions, including, but not limited to, all of the following:

(1) Use in vicinity of schools, dwellings, hospitals, recreational areas, and livestock enclosures.

(2) Problems related to heterogeneous planting of crops.

(3) Applications of materials known to create severe resurgence or secondary pest problems without compensating control of pest species.

(4) Meteorological conditions for use.

(5) Timing of applications in relation to bee activity.

(6) Provisions for proper storage of pesticides and disposal of containers.

SEC. 25.

Section 14009 of the Food and Agricultural Code is amended to read:

14009.

(a) (1) An interested person may request the commissioner to review their action in issuing, refusing, revoking, suspending, or conditioning a permit to use or possess a restricted material. The request for review of the commissioner’s action shall be limited to the issues described in subdivision (d). The commissioner shall review the request and issue a written decision in response to the request to review within 10 days of receipt of the request. If the commissioner is unable to complete the review within 10 days, the commissioner shall notify the person requesting a review in writing, including an estimated timeline for completion. The commissioner may affirm, modify, or cancel the permit action reviewed. An interested person may thereafter appeal to the director to review the commissioner’s action within 30 days of the date of receiving the commissioner’s written decision.

(2) No later than January 31 of each year, the commissioner shall report to the director the number and share of total reviews within their jurisdiction in the previous calendar year that were not completed within the 10-day timeline provided in this subdivision, the average number of days required for review, and the number of permits that were affirmed, modified, or cancelled.

(b) The commissioner and director shall conduct each review in an expeditious manner so that needed pest control measures are not adversely affected.

(c) Each request for review, limited to the issues described in subdivision (d), shall be submitted in writing to the commissioner by the person requesting the review and shall include all of the following:

(1) The location of persons, property, or areas that would be affected and the location of property to be treated.

(2) The name of the restricted material involved.

(3) The name and address of the person in charge of the property to be treated, if different from the person filing the request for review.

(4) Any other information that the person filing the request for review or the commissioner determines to be relevant.

(d) In an appeal of a commissioner’s action to the director, the issues are limited to any of the following:

(1) Whether the proposed permit use is consistent with applicable pesticide label restrictions and applicable regulations.

(2) Whether the commissioner properly considered Section 14006.5.

(3) Whether the commissioner abused their discretion in issuing, refusing, revoking, or conditioning the permit.

(e) The director shall act on these appeals within 10 days of receipt thereof. If the director is unable to complete the review within 10 days, the director shall notify the appellant, in writing, including an estimated timeline for completion. The director may stay the operation of a permit until their review is complete. As part of its annual reporting requirements pursuant to subdivision (c) of Section 12824.5, the department shall report the number and share of total cases in which the director did not meet the timeline provided in this subdivision, the average number of days required for review of appeals, and the number of permits that were affirmed, modified, or cancelled.

(f) (1) Before acting on an appeal, the director shall make publicly available all of the information provided to them as specified in this section if requested to do so in writing by any interested person.

(2) At any time before acting on an appeal, the director may request additional testimony or other evidence specified in this section at the public review from interested persons.

(g) Judicial review of any decision by the director pursuant to this section shall be pursuant to Section 1094.5 of the Code of Civil Procedure. Review shall be limited to whether the proposed permit use is consistent with applicable pesticide label restrictions and regulations and whether the director abused their discretion.

SEC. 26.

Section 21080 of the Public Resources Code is amended to read:

21080.

(a) Except as otherwise provided in this division, this division shall apply to discretionary projects proposed to be carried out or approved by public agencies, including, but not limited to, the enactment and amendment of zoning ordinances, the issuance of zoning variances, the issuance of conditional use permits, and the approval of tentative subdivision maps unless the project is exempt from this division.

(b) This division does not apply to any of the following activities:

(1) Ministerial projects proposed to be carried out or approved by public agencies.

(2) Emergency repairs to public service facilities necessary to maintain service.

(3) Projects undertaken, carried out, or approved by a public agency to maintain, repair, restore, demolish, or replace property or facilities damaged or destroyed as a result of a disaster in a disaster-stricken area in which a state of emergency has been proclaimed by the Governor pursuant to Chapter 7 (commencing with Section 8550) of Division 1 of Title 2 of the Government Code.

(4) Specific actions necessary to prevent or mitigate an emergency.

(5) Projects that a public agency rejects or disapproves.

(6) Actions undertaken by a public agency relating to any thermal powerplant site or facility, including the expenditure, obligation, or encumbrance of funds by a public agency for planning, engineering, or design purposes, or for the conditional sale or purchase of equipment, fuel, water (except groundwater), steam, or power for a thermal powerplant, if the powerplant site and related facility will be the subject of an environmental impact report, negative declaration, or other document, prepared pursuant to a regulatory program certified pursuant to Section 21080.5, which will be prepared by the State Energy Resources Conservation and Development Commission, by the Public Utilities Commission, or by the city or county in which the powerplant and related facility would be located if the environmental impact report, negative declaration, or document includes the environmental impact, if any, of the action described in this paragraph.

(7) Activities or approvals necessary to the bidding for, hosting or staging of, and funding or carrying out of, an Olympic Games under the authority of the International Olympic Committee, except for the construction of facilities necessary for the Olympic Games.

(8) The establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies that the public agency finds are for the purpose of: (A) meeting operating expenses, including employee wage rates and fringe benefits; (B) purchasing or leasing supplies, equipment, or materials; (C) meeting financial reserve needs and requirements; (D) obtaining funds for capital projects necessary to maintain service within existing service areas; or (E) obtaining funds necessary to maintain those intracity transfers as are authorized by city charter. The public agency shall incorporate written findings in the record of any proceeding in which an exemption under this paragraph is claimed setting forth with specificity the basis for the claim of exemption.

(9) All classes of projects designated pursuant to Section 21084.

(10) A project for the institution or increase of passenger or commuter services on rail or highway rights-of-way already in use, including modernization of existing stations and parking facilities. For purposes of this paragraph, “highway” has the same meaning as defined in Section 360 of the Vehicle Code.

(11) A project for the institution or increase of passenger or commuter service on high-occupancy vehicle lanes already in use, including the modernization of existing stations and parking facilities.

(12) Facility extensions not to exceed four miles in length that are required for the transfer of passengers from or to exclusive public mass transit guideway or busway public transit services.

(13) A project for the development of a regional transportation improvement program, the state transportation improvement program, or a congestion management program prepared pursuant to Section 65089 of the Government Code.

(14) A project or portion of a project located in another state that will be subject to environmental impact review pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. Sec. 4321 et seq.) or similar state laws of that state. Any emissions or discharges that would have a significant effect on the environment in this state are subject to this division.

(15) Projects undertaken by a local agency to implement a rule or regulation imposed by a state agency, board, or commission under a certified regulatory program pursuant to Section 21080.5. Any site-specific effect of the project that was not analyzed as a significant effect on the environment in the plan or other written documentation required by Section 21080.5 is subject to this division.

(16) Approval by the Department of Pesticide Regulation of a pesticide emergency exemption pursuant to Section 136p of Title 7 of the United States Code.

(c) If a lead agency determines that a proposed project, not otherwise exempt from this division, would not have a significant effect on the environment, the lead agency shall adopt a negative declaration to that effect. The negative declaration shall be prepared for the proposed project in either of the following circumstances:

(1) There is no substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment.

(2) An initial study identifies potentially significant effects on the environment, but: (A) revisions in the project plans or proposals made by, or agreed to by, the applicant before the proposed negative declaration and initial study are released for public review would avoid the effects or mitigate the effects to a point where clearly no significant effect on the environment would occur; and (B) there is no substantial evidence, in light of the whole record before the lead agency, that the project, as revised, may have a significant effect on the environment.

(d) If there is substantial evidence, in light of the whole record before the lead agency, that the project may have a significant effect on the environment, an environmental impact report shall be prepared.

(e) (1) For purposes of this section and this division, substantial evidence includes fact, a reasonable assumption predicated upon fact, or expert opinion supported by fact.

(2) Substantial evidence is not argument, speculation, unsubstantiated opinion or narrative, evidence that is clearly inaccurate or erroneous, or evidence of social or economic impacts that do not contribute to, or are not caused by, physical impacts on the environment.

(f) As a result of the public review process for a mitigated negative declaration, including administrative decisions and public hearings, the lead agency may conclude that certain mitigation measures identified pursuant to paragraph (2) of subdivision (c) are infeasible or otherwise undesirable. In those circumstances, the lead agency, before approving the project, may delete those mitigation measures and substitute for them other mitigation measures that the lead agency finds, after holding a public hearing on the matter, are equivalent or more effective in mitigating significant effects on the environment to a less than significant level and that do not cause any potentially significant effect on the environment. If those new mitigation measures are made conditions of project approval or are otherwise made part of the project approval, the deletion of the former measures and the substitution of the new mitigation measures shall not constitute an action or circumstance requiring recirculation of the mitigated negative declaration.

(g) This section does not preclude a project applicant or any other person from challenging, in an administrative or judicial proceeding, the legality of a condition of project approval imposed by the lead agency. If, however, any condition of project approval set aside by either an administrative body or court was necessary to avoid or lessen the likelihood of the occurrence of a significant effect on the environment, the lead agency’s approval of the negative declaration and project shall be invalid and a new environmental review process shall be conducted before the project can be reapproved, unless the lead agency substitutes a new condition that the lead agency finds, after holding a public hearing on the matter, is equivalent to, or more effective in, lessening or avoiding significant effects on the environment and that does not cause any potentially significant effect on the environment.

SEC. 27.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act or because costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

SEC. 28.

This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:

In order to ensure that the state has long-term fiscal health to protect human health and the environment by fostering sustainable pest management and regulating pesticides, it is necessary that this act take effect immediately.

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