BILL NUMBER: SB 1157	ENROLLED
	BILL TEXT

	PASSED THE SENATE  AUGUST 26, 2010
	PASSED THE ASSEMBLY  AUGUST 23, 2010
	AMENDED IN ASSEMBLY  AUGUST 20, 2010
	AMENDED IN ASSEMBLY  AUGUST 16, 2010
	AMENDED IN ASSEMBLY  AUGUST 2, 2010
	AMENDED IN ASSEMBLY  JUNE 23, 2010
	AMENDED IN SENATE  JUNE 1, 2010
	AMENDED IN SENATE  APRIL 28, 2010
	AMENDED IN SENATE  APRIL 19, 2010
	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2010

   An act to amend Sections 12841 and 13183 of the Food and
Agricultural Code, relating to pesticides.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1157, DeSaulnier. Education: Healthy Schools Act of 2010.
   (1) Existing law generally regulates pesticide use and requires
the Department of Pesticide Regulation to promote and facilitate the
voluntary adoption of integrated pest management by school districts.
Existing law requires every person who sells a pesticide product for
use in this state that has been registered by the Director of
Pesticide Regulation to pay an assessment at a specified rate.
   This bill, commencing January 1, 2014, would require all
schoolsites, as defined, to adopt an integrated pest management
program as established, administered, and enforced by the department.
This bill would also require, beginning January 1, 2012, that the
rate of the assessment on registered pesticide products be augmented
to reimburse the department, local agencies, and school districts for
the cost of adopting integrated pest management programs at
schoolsites.
   Because the bill would impose new duties on school districts, it
would impose a state-mandated local program.
   (2) 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


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

  SECTION 1.  (a) The Legislature hereby finds and declares all of
the following:
   (1) Pesticides have been linked to numerous acute and chronic
illnesses, including cancer and asthma.
   (2) According to the federal Centers for Disease Control and
Prevention, children between 6 and 11 years of age have higher levels
of commonly used pesticides in their bodies than any other age
group, with an average of six pesticides per child. According to
research conducted by the University of California, San Francisco,
children's diseases and conditions linked to pesticide exposure,
which include learning disabilities, cancer of the brain and
leukemia, birth defects, and asthma, have increased dramatically over
the past 30 years. Because children's bodies and brains are still
developing, exposure to pesticides can have irreversible detrimental
effects.
   (3) Recognizing the impact of pesticides on the school community,
the Department of Pesticide Regulation has developed an Internet Web
site, written training materials, and conducted regional training
sessions to assist schools that have chosen to adopt least-toxic
integrated pest management techniques and to eliminate use of the
most dangerous pesticides.
   (4) However, many California public schools continue to use highly
toxic pesticides. Least-toxic pest management activities have
actually decreased from 2004 to 2007, inclusive, as measured by the
report titled, 2007 Integrated Pest Management Survey of California
School Districts, prepared for the Department of Pesticide
Regulation. Forty-two percent of school districts that responded to
the survey stated that they were still broadcast spraying pesticides,
one of the highest risk practices for exposing children and staff
and contaminating the environment. Of the school districts that
claimed to be implementing integrated pest management practices, 62
percent stated that the costs were the same or less than using
chemical-intensive methods.
   (5) According to the State Department of Education, there are over
1,000 school districts, and about 9,900 schoolsites in California
servicing over 6,000,000 pupils.
   (6) It is necessary to take precautionary measures to protect the
health and safety of California schoolchildren and teachers, and
better ensure a safe learning and working environment.
   (b) This act shall be known, and may be cited, as the Healthy
Schools Act of 2010.
  SEC. 2.  Section 12841 of the Food and Agricultural Code is amended
to read:
   12841.  (a) It is unlawful for a person to sell for use in this
state any pesticide products that have been registered by the
director for which the mill assessment established by this article,
and the regulations adopted pursuant to it, is not paid at the times
specified in Section 12843.
   (b) Except as provided in subdivision (d), every person who sells
for use in this state a pesticide product that has been registered by
the director shall pay to the director the applicable assessment.
Those sales expressly include all sales made electronically,
telephonically, or by any other means that result in a pesticide
product being shipped to or used in this state. There is a rebuttable
presumption that pesticide products that are sold or distributed
into or within this state by any person are sold or distributed for
use in this state.
   (c) (1) Upon application of a registrant, the director shall
determine whether a fertilizer or paper product is used as a carrier
for a pesticide, and is sold in combination, and whether the mill
assessment under this article shall be on the pesticide value only,
when the product is designed, developed, and manufactured, and sold
primarily for other than a pesticide use. If the director finds that
the combination product has such a major component and is designed,
developed, manufactured, and sold primarily for other than a
pesticide use, the assessment provided by this article shall be paid
on the equivalent percentage of the sales price of the active
ingredients of the pesticide product. The director shall establish
this percentage of the sales price. The percentage shall be the ratio
of that portion of the sales price attributable to the pesticide
portion to the total sales price of the combination product.
   (2) For purposes of this section, "active ingredient" means any
active ingredient that is required to be stated on the label on any
registered pesticide under Section 12883.
   (d) Assessments provided for in this article for sales of
registered pesticides that are sold for use in this state shall be
paid by the registrant except as follows:
   (1) In those cases where the registrant did not first sell the
pesticide into or within this state or have actual knowledge, at the
time of its sale, that the pesticide would be sold for use in this
state, the assessment shall be paid by the licensed pesticide broker,
licensed pest control dealer, or other person who first sold the
pesticide for use in this state.
   (2) A person is not required to pay an assessment on registered
products that are labeled only for use in further manufacturing or
formulating of pesticides.
   (e) It has been and continues to be the intent of the Legislature
that this division requires the department to register all pesticides
prior to their sale for use in this state and, except as otherwise
provided by law, requires the department to regulate and control the
use of pesticides in accordance with this division. Except as
provided in Section 12841.1, the department shall continue to collect
the assessment as provided in this article at the same rate on all
registered agricultural and registered nonagricultural pesticides.
   (f) (1) The mill assessment shall be paid at the following rates
per dollar of sales for all sales of pesticides for use in this
state:
   (A) From January 1, 1998, to March 31, 1999, inclusive, the rate
shall be 15.15 mills ($0.01515) plus any additional assessment
authorized by Section 12841.1.
   (B) From April 1, 1999, to December 31, 2002, inclusive, the rate
shall be 17.5 mills ($0.0175) plus any additional assessment
authorized by Section 12841.1.
   (C) From January 1, 2003, to December 31, 2003, inclusive, the
rate shall be 17.5 mills ($0.0175).
   (D) (i) For all transactions on or after January 1, 2004, the
actual rate shall be that set by regulations adopted by the director
at a rate adequate to support the department's annual expenditures
authorized in the annual Budget Act and provide a prudent reserve.
The rate set by the director shall be no greater than 21 mills
($0.021). However, if regulations are not adopted before a payment is
due, payment shall be made at the rate of 17.5 mills ($0.0175), and,
upon adoption of regulations, payment of any additional amount due
shall be made.
   (ii) Beginning January 1, 2012, the actual rate shall be
augmented, as set by regulations adopted by the director, at a rate
adequate to reimburse the department for the cost of administering
and enforcing Section 13183, and reimbursing local agencies and
school districts for the cost of implementing Section 13183.
   (2) The regulations adopted pursuant to this section, or any
amendment thereto, shall be adopted by the director in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. However, the adoption,
amendment, readoption, or repeal of these regulations shall be
considered by the Office of Administrative Law as an emergency, and
necessary for the immediate preservation of the public peace, health,
safety, and general welfare. Notwithstanding any other provision of
law, the regulations shall remain in effect until amended by the
director. The director shall make available to the public, upon the
adoption of an emergency regulation establishing a new rate, the
information upon which the director has calculated, based, or
determined the new rate.
   (g) The revenue collected pursuant to this section shall be
deposited in the Department of Pesticide Regulation Fund and
distributed as follows:
   (1) Notwithstanding Sections 2282 and 12784, the director shall
pay, in accordance with the criteria set forth in Section 12844, the
following amounts to the counties as reimbursement for costs incurred
by the counties in the administration and enforcement of Division 6
(commencing with Section 11401), this chapter, Chapter 3 (commencing
with Section 14001), Chapter 3.4 (commencing with Section 14090), and
Chapter 3.5 (commencing with Section 14101):
   (A) From January 1, 1998, to March 31, 1998, inclusive,
five-eighths of the money received during that period pursuant to
this section.
   (B) From April 1, 1998, to June 30, 2004, an amount equal to the
revenue derived from 6 mills ($0.006) per dollar of sales for all
pesticide sales for use in this state.
   (C) Beginning July 1, 2004, an amount equal to the revenue derived
from 7.6 mills ($0.0076) per dollar of sales for all pesticide sales
for use in this state.
   (2) All funds not otherwise distributed pursuant to this
subdivision shall remain in the Department of Pesticide Regulation
Fund and shall be available for expenditure, upon appropriation, to
support the department's operations.
  SEC. 3.  Section 13183 of the Food and Agricultural Code is amended
to read:
   13183.  (a) The Department of Pesticide Regulation shall promote
and facilitate the voluntary adoption of integrated pest management
programs for schoolsites, excluding privately operated child day care
facilities, as defined in Section 1596.750 of the Health and Safety
Code, that voluntarily choose to do so. For these schoolsites, the
department shall do all of the following:
   (1) Establish an integrated pest management program for
schoolsites consistent with Section 13181. In establishing the
program, the department shall:
   (A) Develop criteria for identifying least-hazardous pest control
practices and encourage their adoption as part of an integrated pest
management program at each schoolsite.
   (B) Develop a model program guidebook that prescribes essential
program elements for schoolsites that have adopted a least-hazardous
integrated pest management program. At a minimum, this guidebook
shall include guidance on all of the following:
   (i) Adopting an IPM policy.
   (ii) Selecting and training an IPM coordinator.
   (iii) Identifying and monitoring pest populations and damage.
   (iv) Establishing a community-based school district advisory
committee.
   (v) Developing a pest management plan for making least-hazardous
pest control choices.
   (vi) Contracting for integrated pest management services.
   (vii) Training and licensing opportunities.
   (viii) Establishing a community-based right-to-know standard for
notification and posting of pesticide applications.
   (ix) Recordkeeping and program review.
   (2) Make the model program guidebook available to schoolsites and
establish a process for systematically updating the guidebook and
supporting documentation.
   (b) Commencing on January 1, 2014, all schoolsites, as defined in
Section 17609 of the Education Code, excluding family day care homes
as defined in Section 1596.78 of the Health and Safety Code, shall
adopt an integrated pest management program consistent with Section
13181, as established, administered, and enforced by the department.
   (c) The department shall promote and facilitate the voluntary
adoption of integrated pest management programs at child day care
facilities, as defined in Section 1596.750 of the Health and Safety
Code, through the following:
   (1) Modifying the department's existing integrated pest management
program for schoolsites as described in subdivision (a) for the
child day care setting.
   (2) Creating or modifying existing educational and informational
materials on integrated pest management for the child day care
setting.
   (3) Making the materials available to child day care facilities
and establishing a process for systematically updating them.
  SEC. 4.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.