BILL NUMBER: SB 394	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MAY 9, 2011
	AMENDED IN SENATE  APRIL 14, 2011
	AMENDED IN SENATE  APRIL 5, 2011

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 16, 2011

   An act to  add Sections 17610.2 and 17610.3 to the
Education Code, and to  amend Section 13185 of the Food and
Agricultural Code, relating to the Healthy Schools Act of 2011.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 394, as amended, DeSaulnier. Healthy Schools Act of 2011.
   Existing law, the Healthy Schools Act of 2000, requires that the
preferred method of managing pests at schoolsites, as defined, is to
use effective, least-toxic pest management practices and requires
schoolsites to maintain records of all pesticides used at the
schoolsite for a period of 4 years. Existing law requires schools to
provide all staff and parents or guardians of pupils enrolled at a
school written notification of, among other things, expected
pesticide use at that schoolsite. These provisions also require the
Department of Pesticide Regulation to establish an integrated pest
management training program in order to facilitate the adoption of a
model Integrated Pest Management program and least-hazardous pest
control practices by schoolsites.
   This bill would enact the Healthy Schools Act of 2011. 
The bill would provide that only gels and pastes deployed as crack
and crevice treatments, self-contained baits, and spot treatments may
be used on schoolsites. The bill would prohibit use of a pesticide
on a schoolsite if that pesticide contains an ingredient known to the
state to cause cancer or reproductive toxicity, as specified, or any
one of specified cholinesterase-inhibiting ingredients identified by
the Department of Pesticide Regulation, except as specified.
 The bill would  also  require all
schoolsites, as defined and except as specified, to send at least one
person to one of the  department   Department
of Pesticide Regulation  trainings at least once every 3 years.
Because this provision would impose additional duties on local public
employees, the bill would impose a state-mandated local program. The
bill would further authorize a person from a single school district
to attend the training on behalf of multiple schoolsites within that
school district.
   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.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


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

  SECTION 1.  This act shall be known and may be cited as the Healthy
Schools Act of 2011.
  SEC. 2.  The Legislature hereby finds and declares all of the
following:
   (a) Pesticides have been linked to numerous acute and chronic
illnesses, including cancer and asthma.
   (b) 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 disease 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. Our
greatest care and caution in the use of pesticides should be
employed when children are present.
   (c) 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 the use of the
most dangerous pesticides. Many school districts and pest control
operators have implemented Integrated Pest Management (IPM) programs
that operate with greatly reduced use of pesticides. We desire that
children attend schools with IPM programs functioning at a high
level.
   (d) 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.
   (e) According to the State Department of Education, there are over
1,000 school districts, and about 9,900 school sites in California
servicing over 6,000,000 pupils.
   (f) 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. 
  SEC. 3.    Section 17610.2 is added to the
Education Code, to read:
   17610.2.  Only gels and pastes deployed as crack and crevice
treatments, self-contained baits, and spot treatments may be used on
schoolsites.  
  SEC. 4.    Section 17610.3 is added to the
Education Code, to read:
   17610.3.  The use of a pesticide on a schoolsite is prohibited if
that pesticide contains one or more of the following ingredients:
   (a) An ingredient known to the state to cause cancer or
reproductive toxicity in accordance with Section 25249.8 of the
Health and Safety Code.
   (b) Any cholinesterase-inhibiting ingredients, as identified by
the Department of Pesticide Regulation.
   (c) This section does not apply to any of the following:
   (1) Sanitizers and disinfectants.
   (2) Activities undertaken at a school by participants in the state
program of agricultural career technical education, pursuant to
Article 7 (commencing with Section 52450) of Chapter 9 of Part 28 of
Division 4 of Title 2, if the activities are necessary to meet the
curriculum requirements prescribed in Section 52454. Nothing in this
subdivision relieves schools participating in the state program of
agricultural career technical education of any duties pursuant to
this section for activities that are not directly related to the
curriculum requirements of Section 52454.
   (3) Agricultural uses.
   (d) This section does not abrogate the authority of county health
officers, the Department of Food and Agriculture, mosquito and vector
control districts, the State Department of Public Health, or other
state agencies that are responsible for pest management decisions
that may affect public schools in California.
   (e) This section does not preclude a school district from adopting
stricter pesticide use policies or from enforcing stricter policies
that have already been adopted. 
   SEC. 5.   SEC. 3.  Section 13185 of the
Food and Agricultural Code is amended to read:
   13185.  (a) The department shall establish an integrated pest
management training program in order to facilitate the adoption of a
model IPM program and least-hazardous pest control practices by
schoolsites. 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 send at least
one person to one of the department trainings at least once every
three years. The person from a single school district may attend the
training on behalf of multiple schoolsites within that school
district. In establishing the IPM training program, the department
shall do all of the following:
   (1) Adopt a "train-the-trainer" approach, whenever feasible, to
rapidly and broadly disseminate program information.
   (2) Develop curricula and promote ongoing training efforts in
cooperation with the University of California and the California
State University.
   (3) Prioritize outreach on a regional basis first and then to
school districts. For outreach to child day care facilities, the
department shall participate in existing trainings that provide
opportunities for disseminating program information broadly on a
regional basis.
   (b) Nothing in this article shall preclude a schoolsite from
adopting stricter pesticide use policies.
   SEC. 6.   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.