Sep 9 Request for Governor Signature on AB 99, Pest Management

September 9, 2024

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

Re: AB 99; state roads and highways: integrated pest management – Request for Signature

Dear Governor Newsom,

On behalf of the Marin County Board of Supervisors, I respectfully request your signature on Assembly Bill 99 (Connolly), which requires the California Department of Transportation (Caltrans) to adopt a statewide Integrated Pest Management (IPM) policy for state roads and highways by January 1, 2026. This policy will limit pesticide use by Caltrans to a "last resort" tool, aligning with many local jurisdictions like Marin County, which have enacted ordinances restricting chemical pesticide use for routine, non-emergency maintenance and requiring proper public notification.

In addition to establishing a statewide IPM policy, AB 99 mandates that Caltrans, when operating in a city or county with a more restrictive IPM policy, must adhere to the local policy to the extent feasible. This will help ensure consistency with local environmental protection efforts.

Caltrans maintains numerous state roads and highways in Marin County, including Highway 101, Interstate 580, and roads in environmentally sensitive areas such as Route 1 in West Marin and Highway 37 in Novato. Additionally, smaller roads adjacent to homes, workplaces, and schools, like Highway 131 in Tiburon and parts of Highway 1 in Tam Valley, also fall under Caltrans' jurisdiction.

The environmental and health impacts of synthetic herbicides, such as glyphosate (RoundUp), are well-documented. Glyphosate is classified as a probable human carcinogen, and other herbicides can pose risks, including being non-biodegradable, toxic to aquatic life, and harmful to human health through inhalation or skin contact when improperly applied.

As a state agency, Caltrans is currently exempt from Proposition 65 notifications. In contrast, municipal agencies like Marin County must adhere to strict notification laws and Integrated Pest Management policies, which aim to limit chemical pesticide use and prioritize public health and environmental safety.

We support AB 99's goal of holding Caltrans accountable by requiring the adoption of a formal IPM plan and increasing transparency through public reporting of pesticide use. While we recognize the challenge Caltrans faces in maintaining 15,000 miles of highway and 230,000 acres of right-of-way, this legislation balances the need for pest control with safer alternatives, allowing limited pesticide use in cases where other methods have proven ineffective, in high-fire risk areas, or for eradicating invasive species.

It is also crucial that Caltrans' pest management practices align with the state's agricultural sector, ensuring that non-chemical alternatives are prioritized while preserving the "last resort" flexibility to use herbicides when necessary. AB 99 also requires Caltrans to make public its pesticide use reports submitted to the Department of Pesticide Regulation, promoting transparency and accountability.

For these reasons, we urge you to sign Assembly Bill 99 into law and support its goal of implementing a statewide Integrated Pest Management policy for safer and more environmentally conscious maintenance of state roads and highways.

Sincerely,

Dennis Rodoni
President, Marin County Board of Supervisors

Cc:       Marin County Board of Supervisors
Shaw Yoder Antwih Schmelzer & Lange 
Assemblymember Damon Connolly
Senator Mike McGuire