BILL NUMBER: SB 1405 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2014
INTRODUCED BY Senator DeSaulnier
FEBRUARY 21, 2014
An act to amend Sections 17609, 17610, 17611, and 17612 of, and to
add Sections 17611.5 and 17614 to, the Education Code, and to amend
Sections 13181, 13182, 13183, and 13187 of, and to add Section
13186.5 to, the Food and Agricultural Code, relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
SB 1405, as amended, DeSaulnier. Pesticides: school facilities.
(1) Existing law, the Healthy Schools Act of 2000, requires each
schoolsite to maintain records of all pesticide use at the schoolsite
for a period of 4 years and to make these records available to the
public upon request, as specified. Existing law authorizes a
schoolsite to meet these requirements by retaining a copy of the
warning sign posted for each pesticide application, as specified, and
recording on the copy the amount of pesticide used. Existing law
requires a schoolsite or school district to identify an individual,
known as a school designee, to carry out the requirements of the act.
This bill, if a school chooses to use certain pesticides, would
require the school designee, at the end of each school year, or more
often at his or her discretion, to submit to the Director of
Pesticide Regulation a copy of the records, as specified, of all
pesticide use at the schoolsite. The bill, if a school chooses to use
certain pesticides, would require the school designee to develop and
post on the Internet Web site of the schoolsite an integrated pest
management plan for the schoolsite or school district, except if the
schoolsite does not maintain an Internet Web site, the school
designee would be required to include the integrated pest management
plan with a certain annual notification sent to parents or guardians
of pupils enrolled at the schoolsite. The bill would authorize a
school designee to do these things related to an integrated pest
management plan if the school does not choose to use certain
pesticides.
(2) Existing law requires the Department of Pesticide Regulation
to promote and facilitate the voluntary adoption of integrated pest
management programs for schoolsites that voluntarily choose to do so,
excluding privately operated child day care facilities. For these
schoolsites, existing law requires the department to establish an
integrated pest management program for schoolsites. Existing law, in
establishing the program, requires the department to develop criteria
for identifying least-hazardous pest control practices and encourage
their adoption as part of an integrated pest management program at
each schoolsite and develop a model program guidebook, as specified,
that prescribes essential program elements for schoolsites that have
adopted a least-hazardous integrated pest management program.
Existing law provides that a violation of the laws, and the
regulations adopted pursuant to those laws, relating to pesticides is
generally a misdemeanor.
This bill would require the Department of Pesticide Regulation to
develop a training program to train any person who plans to apply
pesticides on a schoolsite, and would require the training program to
cover the safe use of pesticides and integrated pest management. The
bill would authorize require the
training program to be developed as a web-based training
through a 3rd party. provided by the department or an
agent authorized by the department. The bill would also require
any person hired to, or who in the course of his or her work plans
to, apply a pesticide at a schoolsite subject to the act, to annually
complete a training provided by the department or an agency
agent authorized by the department. The bill
would require the training to include safe pesticide use and
integrated pest management. Because failure to complete the training
would be a crime, the bill would impose a state-mandated local
program.
(3) This bill would make conforming changes and various
nonsubstantive changes.
(4) 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 no reimbursement is required by this
act for a specified reason.
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. Section 17609 of the Education Code is amended to read:
17609. The definitions set forth in this section govern the
construction of this article unless the context clearly requires
otherwise:
(a) "Antimicrobial" means those pesticides defined by the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) "Crack and crevice treatment" means the application of small
quantities of a pesticide consistent with labeling instructions in a
building into openings such as those commonly found at expansion
joints, between levels of construction, and between equipment and
floors.
(c) "Emergency conditions" means any circumstances in which the
school designee or a property owner of a property where a privately
operated child day care facility is located, or the property owner's
agent, deems that the immediate use of a pesticide is necessary to
protect the health and safety of pupils, staff, or other persons, or
the schoolsite.
(d) "Integrated pest management plan" means a written plan based
on a template provided or approved by the Department of Pesticide
Regulation that outlines a strategy for integrated pest management,
as described in Section 13181 of the Food and Agricultural Code.
(e) "School designee" or "IPM coordinator" means the individual
identified by a schoolsite or school district to carry out the
requirements of this article at the schoolsite.
(f) "Schoolsite" means any facility used as a child day care
facility, as defined in Section 1596.750 of the Health and Safety
Code, or for kindergarten, elementary, or secondary school purposes.
The term includes the buildings or structures, playgrounds, athletic
fields, vehicles, or any other area of property visited or used by
pupils. "Schoolsite" does not include any postsecondary educational
facility attended by secondary pupils or private kindergarten,
elementary, or secondary school facilities. For child day care
facilities, the State Department of Social Services shall serve as
the liaison to these facilities, as needed.
SEC. 2. Section 17610 of the Education Code is amended to read:
17610. (a) It is the policy of the state that effective least
toxic pest management practices should be the preferred method of
managing pests at schoolsites and that the state, in order to reduce
children's exposure to toxic pesticides, shall take the necessary
steps, pursuant to Article 17 (commencing with Section 13180) of
Chapter 2 of Division 7 of the Food and Agricultural Code, to
facilitate the adoption of effective least toxic pest management
practices at schoolsites. It is the intent of the Legislature that
all school personnel involved in the application of a pesticide at a
schoolsite be trained in the safe use of pesticides and integrated
pest management.
(b) (1) (A) A property owner of a property where a child day care
facility is located, or the property owner's agent, who personally
applies any pesticides on an area listed in paragraph (2) shall
provide notice to the child day care facility as described in
paragraph (3) at least 120 hours before the application, unless an
emergency condition, as defined in Section 17609, exists.
(B) An owner of property on which a child day care facility is
located shall be subject to the requirement to provide notice
pursuant to this subdivision 30 days after it has received notice
from a child day care facility of its presence at the property,
unless the property owner, or his or her agent, received that notice
pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of
the Health and Safety Code before the effective date of this
subdivision in which case the property owner shall be subject to the
notice requirements on and after the effective date of this
subdivision.
(2) This subdivision applies when a property owner or his or her
agent intends to personally apply pesticides on any of the following:
(A) Inside the rented premises on which the child day care
facility is located.
(B) Upon a designated child day care facility playground
designated by the property owner.
(C) Upon an area designated for use by the child day care
facility.
(D) Upon an area within 10 feet of the perimeter of the child day
care facility.
(3) The notice required by paragraph (1) shall include the
following:
(A) The product name.
(B) The manufacturer's name.
(C) The active ingredients of each pesticide.
(D) The United States Environmental Protection Agency's product
registration number.
(E) The intended date of application.
(F) The areas of application listed in paragraph (2).
(G) The reason for application.
(4) A notice of pesticide application provided to a tenant
pursuant to subdivision (d) of Section 13186 of the Food and
Agricultural Code shall satisfy the notice requirements of this
section.
(5) If the child day care facility ceases to operate on the
property, the provisions of this act shall no longer apply to the
property.
SEC. 3. Section 17611 of the Education Code is amended to read:
17611. (a) Each schoolsite shall maintain records of all
pesticide use at the schoolsite for a period of four years, and shall
make this information available to the public, upon request,
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). A schoolsite may meet the requirements of this
section by retaining a copy of the warning sign posted for each
application required pursuant to Section 17612, and recording on that
copy the amount of the pesticide used.
(b) (1) If a school chooses to use a pesticide not included within
Section 17610.5, at the end of each school year, or more often at
the discretion of a school designee, the school designee shall submit
to the Director of Pesticide Regulation a copy of the records of all
pesticide use at the schoolsite for the school year. The records
submitted to the Director of Pesticide Regulation, including copies
of the warning signs posted for each application required pursuant to
Section 17612, shall include all of the following:
(A) The name of a contact person for the schoolsite.
(B) The name and address of the schoolsite, or the department code
or licensed child day care facility number indicating if the site is
an elementary or secondary school facility, or a child day care
facility.
(C) The product name, manufacturer's name, the federal
Environmental Protection Agency's product registration number and the
amount used, including the unit of measurement.
(D) The date and areas of application and the targeted pest.
(2) The report submitted pursuant to paragraph (1) shall not
include pesticide use reported pursuant to subdivision (c) of Section
13186 of the Food and Agricultural Code.
SEC. 4. Section 17611.5 is added to the Education Code, to read:
17611.5. (a) The school designee may develop and post on the
Internet Web site of the schoolsite an integrated pest management
plan for the schoolsite or the school district. If the schoolsite
does not maintain an Internet Web site, the school designee may
include the integrated pest management plan with the annual
notification sent to parents or guardians of pupils enrolled at the
schoolsite pursuant to Section 17612. The integrated pest management
plan shall include the name of the school designee or IPM coordinator
and include the pesticides applied at the schoolsite by school
employees and licensed pest control applicators.
(b) If a school chooses to use a pesticide not included within
Section 17610.5, the school designee shall develop and post on the
Internet Web site of the schoolsite an integrated pest management
plan for the schoolsite or the school district. If the schoolsite
does not maintain an Internet Web site, the school designee shall
include the integrated pest management plan with the annual
notification sent to parents or guardians of pupils enrolled at the
schoolsite pursuant to Section 17612. The integrated pest management
plan shall include the name of the school designee or IPM coordinator
and include the pesticides applied at the schoolsite by school
employees and licensed pest control applicators.
SEC. 5. Section 17612 of the Education Code is amended to read:
17612. (a) The school designee shall annually provide to all
staff and parents or guardians of pupils enrolled at a schoolsite a
written notification of the name of all pesticide products expected
to be applied at the schoolsite during the upcoming year. The
notification shall identify the active ingredient or ingredients in
each pesticide product. The notice shall also contain the Internet
address used to access information on pesticides and pesticide use
reduction developed by the Department of Pesticide Regulation
pursuant to Section 13184 of the Food and Agricultural Code and may
contain other information deemed necessary by the school designee. No
other written notification of pesticide applications shall be
required by this act except as follows:
(1) In the written notification provided pursuant to this
subdivision, the school designee shall provide the opportunity for
recipients to register with the schoolsite if they wish to receive
notification of individual pesticide applications at the schoolsite.
Persons who register for notification shall be notified of individual
pesticide applications at least 72 hours before the application. The
notice shall include the product name, the active ingredient or
ingredients in the product, and the intended date of application.
(2) If a pesticide product not included in the annual notification
is subsequently intended for use at the schoolsite, the school
designee shall, consistent with this subdivision and at least 72
hours before application, provide written notification of its
intended use.
(b) The school designee shall make every effort to meet the
requirements of this section in the least costly manner. Annual
notification by a school district to parents and guardians shall be
provided pursuant to Section 48980.3. Any other notification shall,
to the extent feasible and consistent with the act adding this
article, be included as part of any other written communication
provided to individual parents or guardians. This section shall not
require the school designee to issue the notice through first-class
mail, unless he or she determines that no other method is feasible.
(c) Pest control measures taken during an emergency condition as
defined in Section 17609 shall not be subject to the requirements of
paragraphs (1) and (2) of subdivision (a). However, the school
designee or property owner shall make every effort to provide the
required notification for an application of a pesticide under
emergency conditions.
(d) The school designee shall post each area of the schoolsite
where pesticides will be applied with a warning sign. The warning
sign shall prominently display the term "Warning/Pesticide Treated
Area" and shall include the product name, manufacturer's name, the
United States Environmental Protection Agency's product registration
number, intended date and areas of application, and reason for the
pesticide application. The warning sign shall be visible to all
persons entering the treated area and shall be posted 24 hours before
the application and remain posted until 72 hours after the
application. In case of a pest control emergency, the warning sign
shall be posted immediately upon application and shall remain posted
until 72 hours after the application.
(e) Subdivisions (a) and (d) shall not apply to schools operated
by the Division of Juvenile Justice. The school administrator of a
school operated by the Division of Juvenile Justice shall notify the
chief medical officer of that facility at least 72 hours before
the application of pesticides. The chief medical officer shall
take any steps necessary to protect the health of pupils in that
facility.
(f) This section and Section 17611 shall not apply to activities
undertaken at a school by participants in the state program of
agricultural vocational 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. This subdivision does not relieve
schools participating in the state program of agricultural vocational
education of any duties pursuant to this section for activities that
are not directly related to the curriculum requirements of Section
52454.
(g) Sections 17610 to 17614, inclusive, shall not apply to family
day care homes or property owners of family day care
homes, as defined in Section 1596.78 of the Health and Safety Code,
or their agents who personally apply any pesticides.
(h) If pesticide is applied by a property owner or his or her
agent, or by a pest control operator, failure to provide notice
pursuant to subdivision (b) of Section 17610 or subdivision (d) of
Section 13186 of the Food and Agricultural Code shall relieve a
privately operated child day care facility from the requirements of
this section.
SEC. 6. Section 17614 is added to the Education Code, to read:
17614. A person, including a licensed pest control applicator,
who, in the course of his or her work intends to apply a pesticide at
a schoolsite subject to this article, shall annually complete a
training course provided by the Department of Pesticide Regulation or
an agent authorized by the Department of Pesticide Regulation. The
training shall include safe pesticide use and integrated pest
management.
SEC. 7. Section 13181 of the Food and Agricultural Code is amended
to read:
13181. (a) Notwithstanding any other law, for purposes of this
article, "integrated pest management" means a pest management
strategy that focuses on long-term prevention or suppression of pest
problems through a combination of techniques such as monitoring for
pest presence and establishing treatment threshold levels, using
nonchemical practices to make the habitat less conducive to pest
development, improving sanitation, and employing mechanical and
physical controls. Pesticides that pose the least possible hazard and
are effective in a manner that minimizes risks to people, property,
and the environment, are used only after careful monitoring indicates
they are needed according to preestablished guidelines and treatment
thresholds. This definition shall apply only to integrated pest
management at school facilities and child day care facilities.
(b) For purposes of this article "IPM coordinator" has the same
meaning as school designee or IPM coordinator, as those terms are
defined in subdivision (e) of Section 17609 of the Education Code.
SEC. 8. Section 13182 of the Food and Agricultural Code is amended
to read:
13182. It is the policy of the state that effective least toxic
pest management practices should be the preferred method of managing
pests at schoolsites and that the state, in order to reduce children'
s exposure to toxic pesticides, shall take the necessary steps,
pursuant to this article, to facilitate the adoption of effective
least toxic pest management practices at schoolsites. It is the
intent of the Legislature that all school personnel involved in the
application of pesticide at a schoolsite be trained in the safe use
of pesticides and integrated pest management.
SEC. 9. Section 13183 of the Food and Agricultural Code is amended
to read:
13183. (a) The department 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.
(C) Develop a training program to train any person who intends to
apply pesticides on a schoolsite. The training program shall cover
the safe use of pesticides and integrated pest management. The
training program may be developed as a web-based training
provided through a third party. shall be provided by
the department or an agent authorized by the department.
(2) Make the model program guidebook available to schoolsites and
establish a process for systematically updating the guidebook and
supporting documentation.
(b) 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) of Section
13183 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. 10. Section 13186.5 is added to the Food and Agricultural
Code, to read:
13186.5. A person hired to apply a pesticide at a schoolsite
subject to this article shall annually complete a training provided
by the department or an agent authorized by the department. The
training shall include safe pesticide use and integrated pest
management.
SEC. 11. Section 13187 of the Food and Agricultural Code is
amended to read:
13187. Sections 13186 and 13186.5 shall not apply to any agency
signatory to a cooperative agreement with the State Department of
Public Health pursuant to Section 116180 of the Health and Safety
Code.
SEC. 12. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.