Bill Text: CA AB363 | 2023-2024 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Pesticides: neonicotinoids for nonagricultural use: reevaluation: control measures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 520, Statutes of 2023. [AB363 Detail]
Download: California-2023-AB363-Amended.html
Bill Title: Pesticides: neonicotinoids for nonagricultural use: reevaluation: control measures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-08 - Chaptered by Secretary of State - Chapter 520, Statutes of 2023. [AB363 Detail]
Download: California-2023-AB363-Amended.html
Amended
IN
Assembly
March 06, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 363
Introduced by Assembly Member Bauer-Kahan |
February 01, 2023 |
An act to amend Section 12838 of the Food and Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
AB 363, as amended, Bauer-Kahan.
Pesticides: neonicotinoids for nonagricultural use: reevaluation: regulations. control measures.
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. Existing law requires pesticides to be registered by the department, and requires that a pesticide be thoroughly evaluated prior to registration. Existing law provides for the continued evaluation of registered pesticides. Existing law requires the department, by July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids and to adopt any control measures necessary to protect pollinator health within 2 years after making that determination. Existing law provides that every person who violates a provision of law or any regulation relating to pesticides is guilty of a misdemeanor and shall be punished by
specified fines or by up to 6-months imprisonment, or both.
This bill would require the department, by July 1, 2024, to publish a reevaluation of the latest science regarding the impacts of neonicotinoid pesticides, to issue a determination, taking into account the latest science, with respect to a reevaluation of neonicotinoids, as defined, on pollinating insects, aquatic ecosystems, and human health when used for the nonagricultural protection of outdoor ornamental plants, trees, and turf, and, by July 1, 2026, to adopt regulations governing control measures for that use that are
necessary to protect the health of honeybees, native bees, and other
pollinating insects, aquatic ecosystems, and human health, as provided. The bill would require that the reevaluation consider the impacts to pollinating insects, aquatic ecosystems, and human health, including, except as provided, the cumulative impacts of exposure, which the bill would define for these purposes. The bill would require the department to consult with the Office of Environmental Health Hazard Assessment (OEHHA) in conducting its human health
evaluation and to consider and adopt, or not adopt, all recommendations of OEHHA, as provided.
By expanding the scope of a crime through the adoption of regulations, control measures for the use of neonicotinoid pesticides, this 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.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 12838 of the Food and Agricultural Code is amended to read:12838.
(a) On or before July 1, 2018, the department shall issue a determination with respect to its reevaluation of neonicotinoids.(b) (1) Within two years after making the determination specified in subdivision (a), the department shall adopt any control measures necessary to protect pollinator health.
(2) If the department is unable to adopt the necessary control measures within two years as required in paragraph (1), the department shall submit a report to the appropriate committees of the Legislature setting forth the reasons the requirement of paragraph (1) has not been met.
(3) The department shall update the report submitted to the appropriate committees of the Legislature pursuant to paragraph (2) every year until the department adopts the necessary control measures specified in paragraph (1).
(c) (1) For purposes of this subdivision, “neonicotinoid pesticide” means a pesticide containing acetamiprid, clothianidin, dinotefuran, imidacloprid, thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.
(2) (A) On or before July 1, 2024, the department shall publish a reevaluation of the latest science regarding the impacts of neonicotinoid pesticides when used for the protection of
issue a determination, taking into account the latest science, with respect to a reevaluation of neonicotinoids when used on outdoor
ornamental plants, trees, and turf.
(B) All of the following apply to the reevaluation:
(i) The reevaluation shall consider the impacts of neonicotinoid pesticides to on pollinating insects, aquatic ecosystems, and human health.
(ii) In performing the reevaluation, the department shall consider the cumulative impacts of exposure to multiple neonicotinoid pesticides unless the department can demonstrate with substantial evidence that one or more neonicotinoid pesticides do not share a common mechanism of toxicity and do not present risk
of cumulative harm. “Cumulative For purposes of this subdivision, “cumulative impacts of exposure” means the impact of exposure to two or more neonicotinoid chemicals in the outdoor lawn or garden environment, aggregated with the impacts of exposure to any relevant neonicotinoid chemicals from sources other than lawn or garden products.
(iii)In conducting its human health evaluation pursuant to this subdivision, the department shall consult with the Office of Environmental Health Hazard Assessment (OEHHA). The department shall consider all recommendations of OEHHA and issue a public notice explaining the decision by the department to adopt, or not adopt, each recommendation of OEHHA.
(iv)
(iii) The department is not required to conduct a reevaluation of any use of neonicotinoid pesticides for the protection of agricultural commodities, as defined in Section 6000 of Title 3 of the California Code of Regulations.
(3) On or before July 1, 2026, the department shall adopt regulations governing the nonagricultural
control measures for the use of neonicotinoid pesticides, as specified in paragraph (2), pesticides on outdoor ornamental plants, trees, and turf that are necessary to protect all of the following:
(A) The health of honeybees, native bees, and other pollinating insects, Pollinating insects, including honeybees and native bees, taking into account all relevant routes of exposure, including exposure to contaminated pollen, nectar, soil, and water.
(B) Aquatic ecosystems, taking into account contamination of surface or ground water.
(C) Human health, taking into account aggregate the cumulative exposure of people to neonicotinoid pesticides from all sources.