California Assembly Bill AB1176 Introduced / Bill

 BILL NUMBER: AB 1176INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Williams (Coauthor: Assembly Member Monning) FEBRUARY 18, 2011 An act to amend Sections 14023 and 14024 of the Food and Agricultural Code, relating to pesticides. LEGISLATIVE COUNSEL'S DIGEST AB 1176, as introduced, Williams. Pesticides: toxic air contaminant. Under existing law, the Director of Pesticide Regulation, upon completion of an evaluation of a pesticide, is required to prepare a report on the health effects of any pesticide determined to be a toxic air contaminant which poses a present or potential hazard to human health due to airborne emission from its use, as specified. This report is required to be made available to the public, as specified. The director is also required to determine, in consultation with specified entities, the need for and appropriate degree of control measures for each pesticide listed as a toxic air contaminant. This bill would require that the report on the health effects of a pesticide be completed within 180 days after the director's receipt of the evaluation. This bill would further require that the director' s written determination regarding control measures for each pesticide be completed within 180 days after the listing of the pesticide as a toxic air contaminant and shall be made available to the public. Existing law provides that, for those pesticides for which a need for control measures has been determined, the director, in consultation with specified entities, is required to develop control measures designed to reduce emissions sufficiently so that the source will not expose the public to the levels of exposure which may cause or contribute to significant adverse health effects. Existing law provides that, after a public hearing, the director shall adopt, by regulation, control measures, including application of the best practicable control techniques for those pesticides for which a need has been determined. This bill would include pesticides identified by the director as toxic air contaminants within the list of pesticides for which the director is required to develop control measures, as specified above. The bill would specify that the director shall develop the control measures within 180 days after the completion of the director's written determination of the need for, and appropriate degree of, control measures for each pesticide listed as a toxic air contaminant. This bill would further provide that if it is determined that there is no need for control measures to protect human health from airborne emission of a pesticide identified by the director as a toxic air contaminant, the director shall follow specified consultation procedures and shall each year adopt, by regulation, control measures to protect human health with respect to at least 2 pesticides meeting the definition of toxic air contaminant, as specified. Moreover, the bill would provide that the director shall adopt control measures no later than 180 days after development of the control measures. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 14023 of the Food and Agricultural Code is amended to read: 14023. (a) Upon completion of the evaluation conducted pursuant to Section 14022, the director shall, in consultation and with the participation of the State Department of  Health Services   Public Health  , prepare a report on the health effects of the pesticide which may be determined to be a toxic air contaminant which poses a present or potential hazard to human health due to airborne emission from its use. The report shall assess the availability and quality of data on health effects, including potency, mode of action, and other relevant biological factors, of the substance. The report shall also contain an estimate of the levels of exposure which may cause or contribute to adverse health effects and, in the case where there is no threshold of significant adverse health effects, the range of risk to humans, resulting from current or anticipated exposure. The report shall include the findings of the State Department of  Health Services   Public Health  . The report shall be  completed within 180 days after the director's receipt of the evaluation conducted pursuant to Section 14022 and shall be  made available to the public, subject to subdivision (d) of Section 14022. (b) The report prepared pursuant to subdivision (a) shall be formally reviewed by the scientific review panel established according to Section 39670 of the Health and Safety Code. The director shall also make available the data deemed necessary to the scientific review panel, according to departmental procedures established to ensure confidentiality of proprietary information. The panel shall review, as appropriate, the scientific data on which the report is based, the scientific procedures and methods used to support the data, and the conclusions and assessments on which the report is based. The panel shall submit its written findings to the director within 45 days after receiving the report, but it may petition the director for an extension of the deadline, which may not exceed 15 working days. (c) If the scientific review panel determines that the health effects report is seriously deficient, the report shall be returned to the director who shall revise and resubmit the report, within 30 days following receipt of the panel's determination, to the panel prior to development of emission control measures. (d) Within 10 working days following receipt of the findings of the scientific review panel pursuant to subdivision (b), the director shall prepare a hearing notice and a proposed regulation which shall include the proposed determination as to whether a pesticide is a toxic air contaminant. After conducting a public hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the director shall list, by regulation, pesticides determined to be toxic air contaminants. (e) The director shall determine, in consultation with the State Department of  Health Services   Public Health  , the State Air Resources Board, and the air pollution control districts or air quality management districts in the affected counties, the need for and appropriate degree of control measures for each pesticide listed as a toxic air contaminant pursuant to subdivision (d). Any person may submit written information for consideration by the director in making determinations on control measures.  The director's written determination shall be completed within 180 days after listing a pesticide as a toxic air contaminant and that written determination shall  be made available to the public.  SEC. 2. Section 14024 of the Food and Agricultural Code is amended to read: 14024. (a) For  pesticides identified by the director as toxic air contaminants described in subdivision (b) of Section 14021 and for  those pesticides for which a need for control measures has been determined pursuant to subdivision (e) of Section 14023 and pursuant to provisions of this code, the director, in consultation with the agricultural commissioners and air pollution control districts and air quality management districts in the affected counties, shall develop  , within 180 days after the completion of the director's written determination pursuant to subdivision (e) of Section 14023,  control measures designed to reduce emissions sufficiently so that the source will not expose the public to the levels of exposure which may cause or contribute to significant adverse health effects. Where no demonstrable safe level or threshold of significant adverse health effects has been established by the director, the control measures shall be designed to adequately prevent an endangerment of public health through the application of best practicable control techniques. (b) Best practicable control techniques may include, but are not limited to, the following: (1) Label amendments. (2) Applicator training. (3) Restrictions on use patterns or locations. (4) Changes in application procedures. (5) Reclassification as a restricted material. (6) Cancellation.  (c) Unless the director, the State Air Resources Board, and the Office of Environmental Health Hazard Assessment concur in writing that there is no need for control measures to protect human health from airborne emission of a pesticide identified by the director as a toxic air contaminant, as described in subdivision (b) of Section 14021, the director shall follow the consultation procedures set forth in subdivision (a) and shall each year adopt, by regulation, control measures to protect human health with respect to at least two pesticides meeting the definition of a toxic air contaminant, as described in subdivision (b) of Section 14021. The director shall give priority to the regulation of a pesticide meeting the definition of a toxic air contaminant, as described in subdivision (b) of Section 14021, based on the pesticide's risk of harm to the public health, the amount or potential amount of emissions of the pesticide in any community or statewide, the manner and quantity of usage of the pesticide in any community or statewide, and the ambient concentrations of the pesticide in any community or statewide.   (c)   (d)  After conducting a public hearing pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code,  and no later than 180 days after the development of control measures required by subdivision (a)   ,  the director shall adopt, by regulation, control measures, including application of the best practicable control techniques enumerated in subdivision (b) or any other best applicable control technique, for those pesticides for which a need has been determined.