Bill Text: CA AB2146 | 2021-2022 | Regular Session | Amended

California Assembly Bill 2146 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Neonicotinoid pesticides: prohibited nonagricultural use.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Vetoed) 2022-09-28 - Vetoed by Governor. [AB2146 Detail]

Download: California-2021-AB2146-Amended.html

Amended IN Senate June 09, 2022

Amended IN Assembly March 29, 2022

Amended IN Assembly March 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill

No. 2146

Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Bennett, Kalra, Stone, Lee, Robert Rivas, and Ting)

February 15, 2022

An act to add Article 5 (commencing with Section 14085) to Chapter 3 of Division 7 of the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL'S DIGEST

AB 2146, as amended, Bauer-Kahan. Neonicotinoid pesticides: prohibited nonagricultural use.

Existing law generally regulates pesticide use by the Department of Pesticide Regulation, and requires the Director of Pesticide Regulation to endeavor to eliminate from use a pesticide that endangers the agricultural or nonagricultural environment. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified.

This bill would prohibit, beginning January 1, 2024, the sale, possession, or use of neonicotinoid pesticides, as defined, except for use on an agricultural commodity, as defined. The bill would authorize the director, in consultation with the Department of Food and Agriculture, to authorize, by written order, the sale, possession, or use of these prohibited pesticides if the director finds that it would address a valid environmental emergency and there are no other, less harmful alternatives, as ~~specified.~~ specified, and would require the director to make reasonable efforts to inform the public of an environmental emergency finding. The bill would provide that these provisions do not apply to specified products and applications of these pesticides. Because a violation of these provisions and the regulations adopted pursuant to these provisions would be a misdemeanor, 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 a specified reason.

Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES

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

SECTION 1.

Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read:

Article 5. Neonicotinoid Pesticides

14085.

For purposes of this article, the following definitions apply:

(a) “Agricultural commodity” has the same meaning as in Section 6000 of Title 3 of the California Code of Regulations.

(b) “Environmental emergency” means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and ~~Agriculture and the University of California Center for Pest Research.~~ Agriculture.

(c) “Neonicotinoid pesticide” means acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

14085.1.

(a) Beginning January 1, 2024, a person shall not sell, possess, or use a neonicotinoid pesticide, except for use on an agricultural commodity.

(b) (1) Notwithstanding subdivision (a), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of a neonicotinoid pesticide that is prohibited under subdivision (a), if the director finds all of the following:

(A) A valid environmental emergency exists.

(B) The pesticide would be effective in addressing the environmental emergency.

(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.

(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the director’s determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, shall be valid for a period not to exceed one year, and shall only authorize use by or under the supervision of a certified commercial or private applicator under a permit issued by the county agricultural commissioner.

(3) The director shall make reasonable efforts to inform the public of an environmental emergency finding pursuant to paragraph (1). These efforts may include, but are not limited to, posting the information required pursuant to paragraph (2) on the department’s internet website, releasing it using the department’s social media tools, or providing it to news media in an affected area.

14085.2.

This article does not apply to any of the following:

(a) A pet care, veterinary, personal care, or indoor pest control pesticide product.

(b) An application for the commercial production of a preserved wood product.

(c) (1) The application of a neonicotinoid pesticide within one foot of a building foundation perimeter to manage structural pests, provided that the pesticide is not applied on a plant.

(2) Notwithstanding paragraph (1), the application of a neonicotinoid pesticide may be extended by an additional four feet if the additional area is necessary to treat the source of the infestation and the application is limited to a spot targeted treatment of the source of the infestation.

(d) A direct action taken by the department or the Department of Food and Agriculture against an invasive plant or pest.

(e) An application to protect agricultural seeds.

14085.3.

This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.

SEC. 2.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only 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.