BILL NUMBER: AB 405	CHAPTERED
	BILL TEXT

	CHAPTER  566
	FILED WITH SECRETARY OF STATE  OCTOBER 6, 2005
	APPROVED BY GOVERNOR  OCTOBER 6, 2005
	PASSED THE ASSEMBLY  SEPTEMBER 7, 2005
	PASSED THE SENATE  SEPTEMBER 6, 2005
	AMENDED IN SENATE  SEPTEMBER 2, 2005
	AMENDED IN SENATE  JULY 14, 2005
	AMENDED IN ASSEMBLY  APRIL 11, 2005
	AMENDED IN ASSEMBLY  MARCH 29, 2005

INTRODUCED BY   Assembly Member Montanez

                        FEBRUARY 15, 2005

   An act to add Section 17610.1 to the Education Code, relating to
schoolsites.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 405, Montanez  Schools: pesticide use.
   Existing law, the Healthy Schools Act of 2000, provides that
effective least toxic pest management practices should be the
preferred method of managing pests at schoolsites and requires that
the state take the necessary steps, pursuant to specified provisions,
to facilitate the adoption of effective pest management practices at
schoolsites. The existing act requires each schoolsite to maintain
records of all pesticide use at the schoolsite for a period of 4
years and to make the records available to the public upon request.
The existing act requires, on an annual basis, the school district
designee to provide to all staff and parents or guardians of pupils
enrolled at a school written notification addressing, among other
things, expected pesticide use. The existing act requires that the
recipients be afforded the opportunity to register with the school
district to receive information regarding individual pesticide
applications.  The existing act requires the school district designee
to post warning signs prior to application of pesticides at a
schoolsite.
   This bill would prohibit, in specified circumstances, the use on a
schoolsite of specified pesticides that have been granted a
conditional registration, an interim registration, or an experimental
use permit by the Department of Pesticide Regulation, or a pesticide
that is subject to an experimental registration issued by the United
States Environmental Protection Agency. The bill would prohibit the
use on a schoolsite of a pesticide if the Department of Pesticide
Regulation cancels or suspends registration, or requires phaseout of
use, of the pesticide. The bill would also prohibit a vendor or
manufacturer from making those pesticides available to a school
district either by sale or by gift.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) The maintenance of a safe, clean, healthy environment for
pupils is essential to learning and is a goal of the state.
   (b) The use of toxic chemicals to control pests and weeds may
itself threaten pupil health and ability.
   (c) The National Education Association and numerous other national
and local public interest organizations support the reduction or
elimination of pesticide use in schools.
   (d) Pesticides contain toxic substances, many of which have a
detrimental effect on human health and the environment and, in
particular, have a developmental effect on children. Children are
more susceptible to hazardous impacts from pesticides than are
adults.
   (e) Information regarding the utilization of pesticides in schools
that have a conditional registration or an experimental use permit
is not maintained in a manner that is useful to the public, making it
difficult to assess and address the potential health and
environmental impact of their use in schools.
   (f) Historically, pesticide products that have conditional
registration or experimental use permits are sold and used for years
without completing outstanding data requirements. This significant
flaw can allow for chemicals with incomplete databases to be used in
schools, increasing undue exposure potential to pupils.
   (g) Schools regularly endeavor to control and eliminate recognized
and suspected hazards, including nonagricultural pesticides, as an
integral part of school safety programs in order to protect the
health and well-being of pupils and school staff.
  SEC. 2.  Section 17610.1 is added to the Education Code, to read:
   17610.1.  (a) (1) The use of a pesticide on a schoolsite is
prohibited if that pesticide is granted a conditional registration,
an interim registration, or an experimental use permit by the
Department of Pesticide Regulation, or if the pesticide is subject to
an experimental registration issued by the United States
Environmental Protection Agency, and either of the following is
applicable:
   (A) The pesticide contains a new active ingredient.
   (B) The pesticide is for a new use. This paragraph does not apply
to a conditionally registered pesticide that is approved for other
uses that has fulfilled all registration requirements that relate to
human health, including, but not limited to, the completion of
mandatory health effect studies pursuant to the Birth Defect
Prevention Act of 1984 (Art. 14 (commencing with Sec. 13121), Ch. 2,
Div. 7, F.& A.C.). The requirements of this section are not intended
to impose any new labeling requirements.
   (2) The use of a pesticide on a schoolsite is prohibited if the
Department of Pesticide Regulation cancels or suspends registration,
or requires phase out of use, of that pesticide.
   (b) Vendors or manufacturers of pesticides that are prohibited for
use on a schoolsite pursuant to subdivision (a) are prohibited from
furnishing those pesticides to school districts either by sale or by
gift.
   (c) This section does not apply to public health pesticides or
antimicrobial pesticides registered pursuant to Section 12836 of the
Food and Agricultural Code.