BILL ANALYSIS Ó SENATE COMMITTEE on AGRICULTURE Senator Cathleen Galgiani, Chair BILL NO: SB 1411 HEARING: 04/24/14 AUTHOR: Jackson FISCAL: Yes VERSION: 02/21/14 CONSULTANT: Anne Megaro Pesticides: application safety. SUMMARY : This bill would authorize county agricultural commissioners to adopt regulations to prohibit the use of any pesticide within one-quarter mile of a school. This bill would require that schools and other specified sites within one-quarter mile of planned pesticide application be notified in writing. This bill would require that signs posted in fields include the name of the pesticide, date and time of the restricted entry interval, the telephone numbers of the commissioner and pesticide applicator, and would require that the pesticide applicator telephone be answered at all times. BACKGROUND AND EXISTING LAW : The California Department of Pesticide Regulation (DPR) is responsible for the regulation of pesticides to protect human health and the environment. DPR is authorized to evaluate the health impacts of pesticides, register pesticide products, and continually monitor the air, water, and soil for pesticide contamination. At the local level, county agricultural commissioners (CAC) enforce pesticide laws and regulations and are additionally authorized to adopt local regulations and conditions governing the use of pesticides within mile of a school with respect to timing, notification, and method of pesticide application (Food and Agricultural Codes §11401 et seq.). On the federal level, the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) requires that all pesticides be registered and licensed by the US Environmental Protection Agency (EPA). Through the registration process, pesticides are scientifically evaluated for environmental, health, and safety impacts, which, if registered, are reflected on the pesticide label and use restrictions. FIFRA does not fully preempt state law and allows for individual states to further regulate pesticide use. According to DPR, California's pesticide laws and regulations are typically more rigorous. SB 1411 - Page 2 Pesticide use may be restricted by the EPA, DPR, and by CACs, and if there are several regulations regarding a pesticide, the most restrictive must be followed. Restricted pesticides can only be applied by or under the direct supervision of a certified pesticide applicator, and, if the pesticide is on the California-specific restricted materials list, a permit for application is also required. Before issuing the permit, the CAC shall consider local conditions including pesticide use in the vicinity of schools, residences, and other sensitive sites. If the pesticide is not a restricted pesticide but the CAC determines that its use will present an undue hazard under local conditions, the CAC may require a permit (Food and Agricultural Code §14006.5, 14006.6). Pesticide labels regulated by EPA and DPR contain information such as, but not limited to, the active ingredient(s), warning signs and statements, user safety directions, application restrictions, buffer zones, restricted entry intervals (REI), and notification, monitoring, and/or posting requirements. Current law and regulations provide for pesticide use, including worker safety requirements and specifications for notification of pesticide application and posting of field signs signifying prohibited entry. When required, the notice of pesticide application shall be given orally or in writing. Field signs shall include a skull and crossbones and the words "DANGER," "PESTICIDES," and "KEEP OUT" in both Spanish and English (Food and Agricultural Code §12751 et seq.; CCR 6700 et seq.). The federal Environmental Protection Agency categorizes pesticides by toxicity. Six acute toxicological studies are conducted to determine the appropriate category, corresponding "signal word," and label instructions. Category I pesticides are the most toxic and highly corrosive pesticides; whereas, Category IV pesticides are the least toxic and cause slight or mild irritation (40 C.F.R. 156.62). Toxicity Category I pesticides require a 48 hour restricted entry interval and are labeled with the signal word "DANGER"; whereas Category II pesticides require a 24-hour restricted entry interval and are labeled "WARNING" (40 C.F.R 156.208). PROPOSED LAW : This bill: SB 1411 - Page 3 1. States findings and declarations. 2. Clarifies that county agricultural commissioners may adopt regulations to prohibit the agricultural use of any pesticide within a quarter-mile of a school. 3. Requires written notification to schools, residences, hospitals, onsite employee housing, or other similar sites located within 1,200 feet of the buffer zone or application perimeter one week prior to planned soil fumigation or aerial or airblast applications of category I and II pesticides. 4. Requires that notification be in both English and Spanish and include: a. The name of the pesticide products and other chemicals to be applied. b. The name, business address, and business telephone number of the operator applying pesticide to the property. c. The name, business address, and business telephone number of the county agricultural commissioner. d. The date that the application will start. 5. Requires that the notice be reissued should the application date change and be provided no later than 24 hours in advance of the application. 6. Requires that the above notice requirements be in addition to existing field posting requirements. 7. Requires that field posting signs include: a. Name of the pesticide product to be applied b. Date and time that the restricted entry interval expires c. Telephone number of the county agricultural commissioner d. Telephone number of the pesticide applicator 8. Requires that the pesticide applicator's phone number be answered at all times. 9. Makes technical amendments. COMMENTS : SB 1411 - Page 4 Purpose of Bill: According to the author, this bill would prevent pesticide exposure and its adverse effects among agricultural workers, children and vulnerable populations, including minority and low-income communities. By authorizing CACs to enact buffer zones for entire classes of pesticides near schools, by requiring notification of impending pesticide applications, and by requiring field posting signs to include the date and time when workers can safely reenter fields, this bill would assist in prevention and prompt recognition of illness from pesticide drift. The author and those in support reference data from the DPR CalPIQ website database that reports 265 separate incidences of agricultural pesticide drift exposure from 2003 to 2010. Specifically, the author cites one significant incidence in 2003 in Kern County where 40 residents near a field undergoing fumigation became ill. Emergency responders were not able to identify the source of the illness, and an additional 150 people became ill the next day. The author argues that advance notice of the fumigation would have allowed for resident precautions and would have facilitated early determination of the source of illness and the appropriate medical treatment. In regards to field posting, current signs lack the restricted entry interval that notifies field workers and managers when it is safe to enter a recently treated field. Concerns are raised that signs may not be properly used, and without knowing whether the entry interval has expired, field workers may enter the field and be exposed to pesticides. Those in support argue that including the date and time of reentry would better prevent exposure and acute and chronic health risks to field workers. Arguments in Opposition: Those in opposition state several concerns related to the additional notification and posting requirements that would be a "tremendous burden, impractical to implement and work against the principle of Integrated Pesticide Management." Concerns are raised as to the timing of the notice, stating that changing weather conditions (wind, rain) would make it impossible to predict pesticide application a week in advance, and multiple notices may be required as the application dates change. County agricultural commissioners are specifically concerned with the cost of enforcement where limited resources would be diverted from other inspection and enforcement activities. Furthermore, those in opposition state that there are new posting requirements from EPA and several coming from DPR which will provide additional protections for SB 1411 - Page 5 schools and those living near application sites. EPA Updates: In 2012, the EPA issued updated safety measures for soil fumigants, requiring site-specific fumigant management plans, post-application summaries, and new buffer zones and posting requirements. Additionally, applicators can choose to either conduct fumigant site monitoring or provide one-week advance notice of fumigant application to neighboring residences and businesses. Given that these measures are relatively new, the impact of these new requirements have not been fully realized or assessed. Local Ordinance: CACs can prohibit the use of all pesticides, restricted and non-restricted, locally through county ordinances. In San Bernardino County, an ordinance (#4079) passed in 2009 requires that 24-hour advance notification to be given to CACs for all pesticide applications adjacent to schools. This ordinance also places restrictions on application method and timing, banning the application of any pesticide by aircraft and other specified methods when school is in session. CACs can also enforce local regulations, such as in Monterey County where field posting is required for every pesticide with a restricted entry interval of 24 hours or longer, with exceptions. Science-based regulation: EPA and DPR thoroughly evaluate individual pesticides for environmental, health, and safety impacts, and locally, CACs evaluate site-specific considerations and may set conditions through the permitting process. Each pesticide's restricted use and requirements are scientifically supported and specific to the method of application, total volume applied, total acreage to which it is applied, the crop to which it is applied, weather conditions, and other variable factors that would affect how the pesticide could impact health and safety. By requiring categories or groups of pesticides to adhere to the same requirements regardless of their individual properties, the scientific process would be violated. Additionally, in response to a 2009 petition regarding pesticide drift that requested, in part, that interim prohibitions be placed on certain pesticides, the EPA stated that a case-by-case, chemical-specific risk assessment is a sound, science-based approach that yields a more realistic representation of actual risks and facilitates the identification of mitigation measures (Agency Response to "Pesticides in the Air-Kids at Risk: Petition to EPA to Protect Children from Pesticide Drift (2009)"; March 31, 2014). SB 1411 - Page 6 Need for this bill : Pesticide application notification and posting requirements are currently regulated by EPA and DPR and may be further regulated by county agricultural commissioners on a local and site-specific level. The committee may wish to consider the necessity for this bill when the proposed changes to pesticide application notification and posting can be addressed through the public regulatory process. Double referral: The Senate Rules Committee has double referred this bill to the Senate Environmental Quality Committee as the second committee of referral. Therefore, if this measure is approved by this committee, the motion should include an action to re-refer the bill to the Senate Committee on Environmental Quality. RELATED LEGISLATION : AB 947 (Jackson), Chapter 457, Statutes of 2002. Permits county agricultural commissioners to regulate the timing, notification of use, and method of application of agricultural pesticides in areas within a one-quarter mile perimeter of a school. Requires that the disaster procedures addressed in school safety plans must include provisions for responding to the release of a pesticide or other toxic substance from properties located within a one-quarter mile perimeter of the school. SUPPORT : California Rural Legal Assistance (Sponsor) California Teamsters Public Affairs Council (Sponsor) Asthma Coalition of Los Angeles County California Environmental Health Initiative California Institute for Rural Studies Californians for Pesticide Reform Center for Environmental Health City of Patterson Clean Water Action Coalition for Clean Air Committee for a Better Shafter Communities for a New California Community Action to Fight Asthma Delano Guardians Farmworker Justice Friends of the Earth Global Community Monitor SB 1411 - Page 7 Guam Communications Network Having Our Say Coalition LabelGMOs.org Madera Coalition for Community Justice Merced/Mariposa County Asthma Coalition Pesticide Action Network North America Pesticide Free Zone, Inc. Physicians for Social Responsibility, Sacramento Chapter Physicians for Social Responsibility, San Francisco Bay Area Planned Parenthood of Santa Barbara, Ventura & San Luis Obispo Counties, Inc. Regional Asthma Management and Prevention Rural Communities Resource Center Sierra Club California Teens Turning Green United Farm Workers United for Change in Tooleville Worksafe 1 Individual OPPOSITION : Agricultural Council of California Almond Hullers & Processors Association American Pistachio Growers California Agricultural Aircraft Association California Agricultural Commissioners and Sealers Association California Association of Wheat Growers California Association of Winegrape Growers California Bean Shippers Association California Citrus Mutual California Cotton Ginners Association California Cotton Growers Association California Farm Bureau Federation California Feed and Grain Association California Grape and Treefruit League California Pear Growers Association California Seed Association California Tomato Growers Association California Women for Agriculture Family Winemakers Nisei Farmers League Ventura County Agricultural Association Western Agricultural Processors Association Western Growers Association Western Plant Health Association SB 1411 - Page 8