BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt Recommended Positions on State Legislation: AB 1603 (Schultz) Pesticides: Perfluoroalkyl and Polyfluoroalkyl substances (PFAS), SB 949 (Becker) Environmental Protection: Natural Resources Agency: Resource of Statewide Significance: Santa Cruz Mountains, and Other Legislation Which May Require Urgent Consideration for a Position by the Board.
End
RECOMMENDATION: Recommendation
A. Adopt a position of “Support” on: AB 1603 (Schultz) Pesticides: perfluoroalkyl and polyfluoroalkyl substances (PFAS); and
B. Adopt a position of “Support” on: SB 949 (Becker) Environmental protection: Natural Resources Agency: resource of statewide significance: Santa Cruz Mountains.
Body
SUMMARY:
AB 1603 (Schultz) Pesticides: perfluoroalkyl and polyfluoroalkyl substances (PFAS) (Amended-04/06/2026)
Position Recommendation: Support
Priority: Recommendation: 3
Existing law regulates the registration, sale, and use of pesticides in California and authorizes the Department of Pesticide Regulation to oversee pesticide use to protect public health and the environment.
AB 1603 would prohibit, beginning January 1, 2035, the use, manufacture, sale, or distribution of pesticides containing intentionally added perfluoroalkyl and polyfluoroalkyl substances (PFAS) as active, adjuvant, or inert ingredients. The bill would also prohibit, beginning January 1, 2030, the use and sale of specified PFAS-containing pesticides.
The bill would prohibit the Department of Pesticide Regulation from registering new pesticides that contain intentionally added PFAS. The bill would designate pesticides containing intentionally added PFAS as restricted materials, subject to permit requirements, labeling, and public disclosure beginning July 1, 2028. The bill would require disclosure statements indicating that PFAS-containing pesticides may contaminate produce, groundwater, drinking water, soil, and the environment.
Impact to the Santa Clara Valley Water District (Valley Water)
AB 1603 would reduce the use of PFAS-containing pesticides, which are known to persist in the environment and pose risks to water quality and public health. PFAS contamination is a growing concern for drinking water systems, including Valley Water, as these compounds are difficult and costly to remove once they enter groundwater or surface water supplies.
Reducing the application of PFAS pesticides may help limit future contamination of the groundwater basins and surface water bodies that Valley Water depends on for its water supply. This may reduce long-term treatment costs and help protect water quality for Santa Clara County residents.
The bill aligns with Valley Water’s priorities to protect water quality, safeguard public health, and reduce contaminants in drinking water sources. By addressing PFAS at the source, the bill may support more cost-effective and sustainable water management and reduce future regulatory and financial burdens.
Staff recommends that the Board adopt a position of “Support” on AB 1603.
Pros
• Reduces the use of PFAS chemicals that can contaminate water supplies.
• Supports protection of groundwater and surface water quality.
• May reduce long-term treatment costs for drinking water systems.
• Protects public and environmental health.
Cons
• May limit available pesticide options for agricultural use.
• Potential transition costs for agricultural producers.
SB 949 (Becker) Environmental protection: Natural Resources Agency: resource of statewide significance: Santa Cruz Mountains. (Amended - 3/25/2026)
Position Recommendation: Support
Priority Recommendation: 2
Existing law establishes the California Natural Resources Agency (CNRA), composed of departments, boards, conservancies, and commissions responsible for the restoration, protection, and management of the state’s natural and cultural resources.
SB 949 would designate the Santa Cruz Mountains as a landscape resource of statewide significance that requires special protection. “Santa Cruz Mountains” means the area defined by the following boundaries:
(1) The County of San Mateo, west of Highway 101, north of Interstate 380, and west of Interstate 280.
(2) The County of Santa Clara, west of Interstate 280, west of Route 85, and west of Highway 101, excluding the portion of Hydrologic Unit Code 12 Upper Llagas Creek below 400 feet in elevation and all of the following Hydrologic Unit Code 12 watersheds:
(A) Canoas Creek.
(B) Metcalfe Canyon-Coyote Creek.
(C) Little Llagas Creek.
(D) Lower Llagas Creek.
(3) The County of Santa Cruz, north and east of State Highway 1.
The bill would require the CNRA and its boards, departments, and conservancies, to the extent that resources are available, and when appropriate, to encourage collaborative stewardship approaches that support the protection, restoration, and preservation of the Santa Cruz Mountains. It includes a requirement that the designation shall not be construed as authorizing the CNRA to impose additional regulatory requirements on land use or working lands, including timber and agricultural lands, within the Santa Cruz Mountains.
This bill would make legislative findings and declarations regarding the necessity of a special statute for the Santa Cruz Mountains, covering portions of the Counties of San Mateo, Santa Clara, and Santa Cruz.
Impact to Valley Water
The Santa Cruz Mountains hold significant ecological value as a vital hotspot for biodiversity. The region supports over 350 locally rare native plant species, as well as federally and/or state-listed endangered species, including the California red-legged frog and marbled murrelet, San Francisco garter snake, Zayante band-winged grasshopper, and the Santa Cruz black salamander.
Valley Water’s environmental work protects and restores habitats and encourages the return of endangered species, such as the red-legged frog. Valley Water also partners with the County of Santa Clara, cities, Midpeninsula Regional Open Space District, and others to provide open space and recreational opportunities throughout the county.
In 2019, Valley Water supported AB 948, a similar bill by Assembly Member Ash Kalra, which established the Coyote Valley as a resource of statewide significance.
SB 949 furthers Valley Water’s efforts to preserve open space in the County of Santa Clara and, therefore, staff recommends that the Board adopt a position of “Support” on SB 949.
Pros
• Requires the CNRA and its boards, departments, and conservancies to encourage collaborative stewardship approaches that support protection of the Santa Cruz Mountains.
• CNRA and its boards, departments, and conservancies will be better equipped to protect, restore, and preserve the natural ecosystems, habitats, and watersheds, while supporting healthy forest management alongside advancing public access and recreational opportunities.
Cons
• Does not establish an accompanying conservation program to administer programs to implement the “special protection” for the area called for in the bill.
• Therefore, it is unclear whose responsibility and authority it is to implement the protection called for in the bill.
• No state funding is appropriated by the bill to provide for the protection, and no mechanism to administer and implement funding is provided for.
ENVIRONMENTAL JUSTICE IMPACT:
There are no Environmental Justice impacts associated with this item. The Board’s position does not enact the legislation discussed above. If the enactment of state legislation necessitates an action by the Board, any associated Environmental Justice impacts will be assessed when the Board considers the action.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
None.
UNCLASSIFIED MANAGER: Manager
Joshua Golka, 408-630-4508