Amended  IN  Senate  July 06, 2023
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: control measures.
Existing law generally regulates pesticide use by law, added by the Governor’s Reorganization Plan No. 1 of 1991, creates the Department of Pesticide Regulation, and Regulation, which is administered by the Director of Pesticide Regulation. Existing law requires the Director of Pesticide Regulation director 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 of any of certain laws relating to pesticides pesticides, or a regulation issued pursuant to any of those laws, is guilty of a misdemeanor and shall be punished by specified fines or by up to 6-months imprisonment, imprisonment of not more than 6 months, or both.
This bill would require the department, by July 1, 2024, to issue a determination, taking into account the latest science, with respect to a reevaluation of neonicotinoids, neonicotinoid pesticides, 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 any control measures for that use that are determined by the department, based on the reevaluation, to be necessary to protect 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.

By expanding the scope of a crime through the

Because the adoption of control measures for the use of neonicotinoid pesticides, pesticides would require regulations, and a violation of those regulations would be a crime, 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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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. the following definitions apply:
(A) “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.
(B) “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 issue a determination, taking into account the latest science, with respect to a reevaluation of neonicotinoids neonicotinoid pesticides 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 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. 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) 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 any control measures for the use of neonicotinoid pesticides on outdoor ornamental plants, trees, and turf that are necessary determined by the department to be necessary, based on the reevaluation described in paragraph (2), to protect all of the following:
(A) 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 the cumulative exposure of people to neonicotinoid pesticides from all sources.

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.