AMENDED IN ASSEMBLY MARCH 6, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 363
Introduced by Assembly Member Bauer-Kahan
February 1, 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 endea vor to eliminate from use a pesticide that endangers the agricultural or nonagricultural en vironment. Existing la w requires pesticides to be re gistered by the department, and requires that a pesticide be thoroughly e valuated prior to re gistration. Existing la w 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 ree valuation of neonicotinoids and to adopt an y 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 r eevaluation of neonicotinoids, as defined,
98 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, nati ve 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, e xcept as pro vided, the cumulative impacts of exposure, which the bill would define for these purposes. The bill w ould require the department to consult with the Office of En vironmental Health Hazard Assessment (OEHHA) in conducting its human health e valuation 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 reimb urse 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. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 12838 of the Food and Agricultural Code line 2 is amended to read:
line 3 12838. (a) On or before July 1, 2018, the department shall line 4 issue a determination with respect to its ree valuation of line 5 neonicotinoids.
line 6 (b) (1) Within tw o years after making the determination line 7 specified in subdivision (a), the department shall adopt any control line 8 measures necessary to protect pollinator health. line 9 (2) If the department is unable to adopt the necessary control line 10 measures within tw o years as required in paragraph (1), the line 11 department shall submit a report to the appropriate committees of line 12 the Le gislature setting forth the reasons the requirement of line 13 paragraph (1) has not been met.
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line 1 (3) The department shall update the report submitted to the line 2 appropriate committees of the Le gislature pursuant to paragraph line 3 (2) every year until the department adopts the necessary control line 4 measures specified in paragraph (1).
line 5 (c) (1) For purposes of this subdi vision, “neonicotinoid line 6 pesticide” means a pesticide containing acetamiprid, clothianidin, line 7 dinotefuran, imidacloprid, thiamethoxam, or an y other chemical line 8 designated by the department as belonging to the neonicotinoid line 9 class of chemicals.
line 10 (2) (A) On or before July 1, 2024, the department shall publish line 11 a ree valuation of the latest science re garding the impacts of line 12 neonicotinoid pesticides when used for the protection of issue a line 13 determination, taking into account the latest science, with respect line 14 to a r eevaluation of neonicotinoids when used on outdoor line 15 ornamental plants, trees, and turf.
line 16 (B) All of the following apply to the reevaluation:
line 17 (i) The reevaluation shall consider the impacts of neonicotinoid line 18 pesticides to on pollinating insects, aquatic ecosystems, and human line 19 health.
line 20 (ii) In performing the reevaluation, the department shall consider line 21 the cumulati ve impacts of e xposure to multiple neonicotinoid line 22 pesticides unless the department can demonstrate with substantial line 23 evidence that one or more neonicotinoid pesticides do not share a line 24 common mechanism of toxicity and do not present risk of line 25 cumulative harm. “Cumulative For purposes of this subdivision, line 26 “cumulative impacts of exposure” means the impact of exposure line 27 to two or more neonicotinoid chemicals in the outdoor la wn or line 28 garden environment, aggregated with the impacts of e xposure to line 29 any relevant neonicotinoid chemicals from sources other than lawn line 30 or garden products.
line 31 (iii) In conducting its human health evaluation pursuant to this line 32 subdivision, the department shall consult with the Office of line 33 Environmental Health Hazard Assessment (OEHHA). The line 34 department shall consider all recommendations of OEHHA and line 35 issue a public notice explaining the decision by the department to line 36 adopt, or not adopt, each recommendation of OEHHA. line 37 (iv)
line 38 (iii) The department is not required to conduct a ree valuation line 39 of an y use of neonicotinoid pesticides for the protection of 98 AB 363 — 3 —
line 1 agricultural commodities, as defined in Section 6000 of Title 3 of line 2 the California Code of Regulations.
line 3 (3) On or before July 1, 2026, the department shall adopt line 4 regulations go verning the nonagricultural control measures for line 5 the use of neonicotinoid pesticides, as specified in paragraph (2), line 6 pesticides on outdoor ornamental plants, tr ees, and turf that are line 7 necessary to protect all of the following:
line 8 (A) The health of honeybees, native bees, and other pollinating line 9 insects, Pollinating insects, including honeybees and native bees, line 10 taking into account all rele vant routes of e xposure, including line 11 exposure to contaminated pollen, nectar, soil, and water. line 12 (B) Aquatic ecosystems, taking into account contamination of line 13 surface or ground water.
line 14 (C) Human health, taking into account aggregate the cumulative line 15 exposure of people to neonicotinoid pesticides from all sources. line 16 SEC. 2. No reimbursement is required by this act pursuant to line 17 Section 6 of Article XIIIB of the California Constitution because line 18 the only costs that may be incurred by a local agenc y or school line 19 district will be incurred because this act creates a ne w crime or line 20 infraction, eliminates a crime or infraction, or changes the penalty line 21 for a crime or infraction, within the meaning of Section 17556 of line 22 the Government Code, or changes the definition of a crime within line 23 the meaning of Section 6 of Article XIII B of the California line 24 Constitution.
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