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AB-2146 Neonicotinoid pesticides: prohibited nonagricultural use.(2021-2022)

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Date Published: 09/01/2022 09:00 PM
AB2146:v94#DOCUMENT

Enrolled  September 01, 2022
Passed  IN  Senate  August 29, 2022
Passed  IN  Assembly  August 30, 2022
Amended  IN  Senate  August 25, 2022
Amended  IN  Senate  June 09, 2022
Amended  IN  Assembly  March 29, 2022
Amended  IN  Assembly  March 07, 2022

CALIFORNIA LEGISLATURE— 2021–2022 REGULAR SESSION

Assembly Bill
No. 2146

Introduced by Assembly Member Bauer-Kahan
(Coauthors: Assembly Members Bennett, Kalra, Stone, Lee, Robert Rivas, and Ting)
(Coauthor: Senator Stern)

February 15, 2022

An act to add Article 5 (commencing with Section 14085) to Chapter 3 of Division 7 of the Food and Agricultural Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


AB 2146, Bauer-Kahan. Neonicotinoid pesticides: prohibited nonagricultural use.
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. A violation of those provisions and regulations adopted pursuant to those provisions is generally a misdemeanor. Existing law requires the department, on or before July 1, 2018, to issue a determination with respect to its reevaluation of neonicotinoids, and to adopt control measures necessary to protect pollinator health within 2 years, as specified.
This bill would prohibit, beginning January 1, 2024, the sale, possession, or use of neonicotinoid pesticides, as defined, for application to outdoor ornamental plants, trees, or turf, except for use on, or for the protection of, an agricultural commodity, as defined. The bill would authorize the director, in consultation with the Department of Food and Agriculture, to authorize, by written order, the sale, possession, or use of these prohibited pesticides if the director finds that it would address a valid environmental emergency and there are no other, less harmful alternatives, as specified, and would require the director to make reasonable efforts to inform the public of an environmental emergency finding. The bill would also authorize a certified qualified applicator to possess or use a neonicotinoid pesticide for specified purposes, and a licensed pest control dealer to sell a neonicotinoid pesticide, as provided. The bill would provide that these provisions do not apply to certain actions and applications of these pesticides. Because a violation of these provisions and the regulations adopted pursuant to these provisions would be a misdemeanor, the 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.

 Article 5 (commencing with Section 14085) is added to Chapter 3 of Division 7 of the Food and Agricultural Code, to read:
Article  5. Neonicotinoid Pesticides

14085.
 For purposes of this article, the following definitions apply:
(a) “Agricultural commodity” has the same meaning as in Section 6000 of Title 3 of the California Code of Regulations.
(b) “Environmental emergency” means an occurrence of a pest that presents a significant risk of harm or injury to the environment or human health, or significant harm, injury, or loss to agricultural crops, including, but not limited to, an exotic or foreign pest that may need preventative quarantine measures to avert or prevent that risk, as determined by the department, in consultation with the Department of Food and Agriculture.
(c) “Neonicotinoid pesticide” means acetamiprid, clothianidin, dinotefuran, imidacloprid, and thiamethoxam, or any other chemical designated by the department as belonging to the neonicotinoid class of chemicals.

14085.1.
 (a) Beginning January 1, 2024, a person shall not sell, possess, or use a neonicotinoid pesticide for application to outdoor ornamental plants, trees, or turf, except for use on, or for the protection of, an agricultural commodity.
(b) (1) Notwithstanding subdivision (a), the director, in consultation with the Department of Food and Agriculture, may authorize, by written order, the sale, possession, or use of a neonicotinoid pesticide that is prohibited under subdivision (a), if the director finds all of the following:
(A) A valid environmental emergency exists.
(B) The pesticide would be effective in addressing the environmental emergency.
(C) There are no other, less harmful pesticides or pest management practices that would be effective in addressing the environmental emergency.
(2) An order issued by the director pursuant to paragraph (1) shall include the basis for the director’s determination and specify the approved time period, geographic scope, and purpose of the permitted sale, possession, or use of the pesticide, shall be valid for a period not to exceed one year, and shall only authorize use by or under the supervision of a certified commercial or private applicator under a permit issued by the county agricultural commissioner.
(3) The director shall make reasonable efforts to inform the public of an environmental emergency finding pursuant to paragraph (1). These efforts may include, but are not limited to, posting the information required pursuant to paragraph (2) on the department’s internet website, releasing it using the department’s social media tools, or providing it to news media in an affected area.
(c) (1) Notwithstanding subdivision (a), a certified qualified applicator may possess or use a neonicotinoid pesticide for the purpose of applying it to a fruit or nut tree.
(2) A licensed pest control dealer may sell a neonicotinoid pesticide to a certified qualified applicator for applications pursuant to paragraph (1).

14085.2.
 This article does not apply to both of the following:
(a) An action taken by the department or the Department of Food and Agriculture against an invasive plant or pest, including regulatory, urban, and area-wide treatment programs approved by the Department of Food and Agriculture.
(b) An application to protect agricultural seeds.

14085.3.
 This article shall not be construed to impose liability on news media that accept or publish advertising for a product or activity that would otherwise be subject to this article.

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.