2023 Aug 14 Support letter AB 99 State roads and highways: integrated pest management

August 14, 2023

The Honorable Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, California 95814

Re: Support for signing Assembly Bill 99 (state roads and highways: integrated pest management)

Dear Governor Newsom,

On behalf of the Marin County Board of Supervisors, I write in support and signature of Assembly Bill 99, which would require the state Department of Transportation (Caltrans) to adopt a science based statewide Integrated Pest Management (IPM) policy for state roads and highways. This new policy would limit pesticide use by Caltrans to a "last resort" tool and would be in line with many jurisdictions in the state, like Marin County, that have passed local ordinances which limit the use of chemical pesticides for routine, non-emergency maintenance and require proper noticing to the public.

In addition to codifying a statewide IPM policy and approach, AB 99 would also require Caltrans, when operating in a city or county that has a more restrictive IPM approach than its statewide policy – to utilize that county or city’s approach to the extent feasible for the state agency.
Caltrans has numerous state roads and highways that it maintains jurisdiction over in Marin County. This includes both major thoroughfares Highway 101 and Interstate 580, but also in environmentally sensitive areas and waterways such as Route 1 in West Marin and Highway 37 in Novato. Additionally, Caltrans maintains smaller roads that run directly adjacent to homes, workplaces and schools in Marin County such as State Highway 131 in Tiburon and the portions of Highway 1 in Tam Valley.

There are well-researched and documented environmental and health consequences with the use of some synthetic herbicides. RoundUp/glyphosate is a probable human carcinogen and other herbicides can have detrimental impacts such as being not readily biodegradable, highly toxic to fish, and are water pollutants. Also, some herbicides may pose inhalation, eye, and dermal hazards, if applications are not performed responsibly and according to the pesticide label.

As a state agency, Caltrans is exempt from Proposition 65 notifications and maintains its pest management operations in the absence of a codified statewide policy. Municipal agencies on the other hand, such as the County of Marin, are subject to noticing laws when utilizing synthetic herbicides, as well as additional provisions in locally adopted Integrated Pest Management policies. The intent of
these policies, and noticing, is to both limit the use of chemical pesticides to a last resort – and protect the public’s health and the environment to the greatest extent possible.

We support AB 99’s goal to hold Caltrans to greater accountability in limiting its use of pesticides under the adoption of a formal IPM plan, and to increase transparency with public reporting requirements.

It is important to recognize that Caltrans does have a formidable challenge in its regular efforts to maintain 15,000 miles of highway and 230,000 acres of right-of-way throughout California. However, we support the legislation’s intent to adopt a statewide IPM policy that prioritizes safe alternatives over the use of chemical pesticides, but does not ban them outright. The legislation allows for reasonable use when (a) no alternative vegetation management method has been proven effective (b) in high-fire severity areas, and (c) for the eradication of invasive plant species or habitat restoration.

We also recognize the important intersection between Caltrans’ pest management along state roads and highways, and the state’s Agricultural sector. It is important that the final law continue to both prioritize non-chemical alternatives, and allow current sufficient “last resort” flexibility for Caltrans to utilize herbicides when there is no safer alternative to eradicate pests along routes that may be adjacent to farmland. Importantly, while AB 99 would still allow this “last resort” need – it would require Caltrans to make publicly available its reports of pesticide use it already submits to the Department of Pesticide Regulation under current law. Additionally, since the Department of Pesticide Regulation is currently in the process of drafting a statewide policy aimed at a uniform, standard notification and site reporting requirements, that should also dictate any requirements for State partners, including Caltrans.

I urge you to sign into law Assembly Bill 99 to and support its goal of prioritizing Integrated Pest Management policy on a statewide level.

Sincerely,

Stephanie Moulton-Peters, President
Marin County Board of Supervisors

Cc: State Senator Mike McGuire
Assembly Member Damon Connolly
Marin County Board of Supervisors