Amended  IN  Assembly  April 02, 2024

CALIFORNIA LEGISLATURE— 2023–2024 REGULAR SESSION

Assembly Bill
No. 1963

Introduced by Assembly Member Friedman

January 29, 2024

An act to amend Section 105240 add Chapter 3.7 (commencing with Section 105245) to Part 5 of Division 103 of the Health and Safety Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


AB 1963, as amended, Friedman. Pesticides: chlorpyrifos reporting. paraquat prohibition.
Existing law requires cases of pesticide poisoning to be reported to the local health officer.
This bill, commencing January 1, 2026, would make unlawful the use of a pesticide, or the manufacture, sale, delivery, holding, or offering for sale in commerce any product, that contains paraquat dichloride in the state. By creating a new crime, 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.

Existing law requires the Department of Pesticide Regulation to prepare and submit quarterly reports due 60 days after the end of each quarter to specified Senate and Assembly committees and the Office of the Surgeon General that provide information, as prescribed, regarding granular chlorpyrifos use, monitoring, and exposure during the quarter.

This bill would require the department to post the quarterly reports to its internet website.

Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NOYES  

The people of the State of California do enact as follows:


SECTION 1.

 Chapter 3.7 (commencing with Section 105245) is added to Part 5 of Division 103 of the Health and Safety Code, to read:
CHAPTER  3.7. Paraquat

105245.
 For purposes of this chapter, “pesticide” has the same meaning specified in Section 12753 of the Food and Agricultural Code.

105246.
 Commencing January 1, 2026, it is unlawful for a person to use a pesticide that contains, or for a person or entity to manufacture, sell, deliver, hold, or offer for sale in commerce any product that contains, the active ingredient paraquat dichloride in the state.

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.
SECTION 1.Section 105240 of the Health and Safety Code is amended to read:
105240.

(a)Notwithstanding Section 10231.5 of the Government Code, beginning with the first quarter of 2021, the Department of Pesticide Regulation shall prepare and submit quarterly reports, due 60 days after the end of each quarter, to the Senate Committee on Health, the Senate Committee on Labor, Public Employment and Retirement, the Senate Committee on Environmental Quality, the Assembly Committee on Health, the Assembly Committee on Labor and Employment, the Assembly Committee on Environmental Safety and Toxic Materials, and the Office of the Surgeon General that provide all of the following information:

(1)The amount of chlorpyrifos in granular form used in the quarter, reported in pounds and by location of use.

(2)Potential reasons for any increase or decrease in the use of chlorpyrifos in granular form in the quarter as compared to the same quarter of the previous year.

(3)A description of how the Department of Pesticide Regulation monitors exposure to the use of chlorpyrifos in granular form with a particular emphasis on dermal and inhalation exposure, and any information relating to that exposure during the quarter.

(b)The department shall post the quarterly reports on its internet website to allow public access to the information.