Amended in Assembly June 4, 2014

Amended in Senate April 21, 2014

Amended in Senate April 9, 2014

Senate BillNo. 1405


Introduced by Senator DeSaulnier

(Coauthor: Senator Lara)

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 12996, 12999.4, 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:begin delete school facilities.end deletebegin insert schoolsites.end insert

(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 calendar 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 schoolsite 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 staff and 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 schoolsite 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 course to train any person who plans to apply pesticides on a schoolsite, and would require the trainingbegin delete programend deletebegin insert courseend insert to cover integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health. The bill would require the training course to be provided by the department or an agent authorized by the department. The bill would also requirebegin insert, commencing July 1, 2016, a school designee andend insert any person hired to, or who in the course of his or her workbegin delete plansend deletebegin insert intendsend insert to, apply a pesticide at a schoolsite subject to the act, to annually complete a trainingbegin insert courseend insert provided by the department or an agent authorized by the department. The bill would require the training to include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.

(3) This bill would make conforming changes and various nonsubstantive changes.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P3    1

SECTION 1.  

Section 17609 of the Education Code is amended
2to read:

3

17609.  

The definitions set forth in this section govern the
4construction of this article unless the context clearly requires
5otherwise:

6(a) “Antimicrobial” means those pesticides defined by the
7Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec.
8136(mm)).

9(b) “Crack and crevice treatment” means the application of
10small quantities of a pesticide consistent with labeling instructions
11in a building into openings such as those commonly found at
12expansion joints, between levels of construction, and between
13equipment and floors.

14(c) “Emergency conditions” means any circumstances in which
15the school designee or a property owner of a property where a
16privately operated child day care facility is located, or the property
17owner’s agent, deems that the immediate use of a pesticide is
18necessary to protect the health and safety of pupils, staff, or other
19persons, or the schoolsite.

20(d) “Integrated pest management plan” means a written plan
21based on a template provided or approved by the Department of
22Pesticide Regulation that outlines a strategy for integrated pest
23management, as described in Section 13181 of the Food and
24Agricultural Code.

25(e) “School designee” or “IPM coordinator” meansbegin delete the
26individualend delete
begin insert a school employeeend insert identified by a schoolsite or school
27district to carry out the requirements of this article at the schoolsite.

28(f) “Schoolsite” means any facility used as a child day care
29facility, as defined in Section 1596.750 of the Health and Safety
30Code, or for kindergarten, elementary, or secondary school
31purposes. The term includes the buildings or structures,
32playgrounds, athletic fields, vehicles, or any other area of property
33visited or used by pupils. “Schoolsite” does not include any
P4    1postsecondary educational facility attended by secondary pupils
2or private kindergarten, elementary, or secondary school facilities.
3For child day care facilities, the State Department of Social
4Services shall serve as the liaison to these facilities, as needed.

5

SEC. 2.  

Section 17610 of the Education Code is amended to
6read:

7

17610.  

(a) It is the policy of the state that effective least toxic
8pest management practices should be the preferred method of
9managing pests at schoolsites and that the state, in order to reduce
10children’s exposure to toxic pesticides, shall take the necessary
11steps, pursuant to Article 17 (commencing with Section 13180)
12of Chapter 2 of Division 7 of the Food and Agricultural Code, to
13facilitate the adoption of effective least toxic pest management
14practices at schoolsites. It is the intent of the Legislature that all
15school personnel involved in the application of a pesticide at a
16schoolsite be trained in integrated pest management and the safe
17use of pesticides in relation to the unique nature of schoolsites and
18children’s health.

19(b) (1) (A) A property owner of a property where a child day
20care facility is located, or the property owner’s agent, who
21personally applies any pesticides on an area listed in paragraph
22(2) shall provide notice to the child day care facility as described
23in paragraph (3) at least 120 hours before the application, unless
24an emergency condition, as defined in Section 17609, exists.

25(B) An owner of property on which a child day care facility is
26located shall be subject to the requirement to provide notice
27pursuant to this subdivision 30 days after it has received notice
28from a child day care facility of its presence at the property, unless
29the property owner, or his or her agent, received that notice
30pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of
31the Health and Safety Code before the effective date of this
32subdivision in which case the property owner shall be subject to
33the notice requirements on and after the effective date of this
34subdivision.

35(2) This subdivision applies when a property owner or his or
36her agent intends to personally apply pesticides on any of the
37following:

38(A) Inside the rented premises on which the child day care
39facility is located.

P5    1(B) Upon a designated child day care facility playground
2designated by the property owner.

3(C) Upon an area designated for use by the child day care
4facility.

5(D) Upon an area within 10 feet of the perimeter of the child
6day care facility.

7(3) The notice required by paragraph (1) shall include the
8following:

9(A) The product name.

10(B) The manufacturer’s name.

11(C) The active ingredients of each pesticide.

12(D) The United States Environmental Protection Agency’s
13product registration number.

14(E) The intended date of application.

15(F) The areas of application listed in paragraph (2).

16(G) The reason for application.

17(4) A notice of pesticide application provided to a tenant
18pursuant to subdivision (d) of Section 13186 of the Food and
19Agricultural Code shall satisfy the notice requirements of this
20section.

21(5) If the child day care facility ceases to operate on the property,
22the provisions of this act shall no longer apply to the property.

23

SEC. 3.  

Section 17611 of the Education Code is amended to
24read:

25

17611.  

(a) Each schoolsite shall maintain records of all
26pesticide use at the schoolsite for a period of four years, and shall
27make this information available to the public, upon request,
28pursuant to the California Public Records Act (Chapter 3.5
29(commencing with Section 6250) of Division 7 of Title 1 of the
30Government Code). A schoolsite may meet the requirements of
31this section by retaining a copy of the warning sign posted for each
32application required pursuant to Section 17612, and recording on
33that copy the amount of the pesticide used.

34(b) (1) If a schoolsite chooses to use a pesticide not included
35within Section 17610.5, at the end of each calendar year, or more
36often at the discretion of a school designee, the school designee
37shall submit to the Director of Pesticide Regulation a copy of the
38records of all pesticide use at the schoolsite for the calendar year.
39The records submitted to the Director of Pesticide Regulation shall
40be submitted using a form prepared by the Department of Pesticide
P6    1Regulation similar to that prepared pursuant tobegin delete paragraphend delete
2begin insert subdivisionend insert (b) of Section 13186 of the Food and Agricultural
3Code, and shall include all of the following:

4(A) The name of a school designee for the schoolsite.

5(B) The name and address of the schoolsite, or the department
6code or licensed child day care facility number indicating if the
7site is an elementary or secondary school facility, or a child day
8care facility.

9(C) The product name, manufacturer’s name, the United States
10Environmental Protection Agency’s product registration number
11and the amount used, including the unit of measurement.

12(D) The date, time, and location of application.

13(2) The report submitted pursuant to paragraph (1) shall not
14include pesticide use reported pursuant to subdivision (c) of Section
1513186 of the Food and Agricultural Code.

16

SEC. 4.  

Section 17611.5 is added to the Education Code, to
17read:

18

17611.5.  

(a) The school designee may develop and post on
19the Internet Web site of the schoolsite an integrated pest
20management plan for the schoolsite or the school district. If the
21schoolsite does not maintain an Internet Web site, the school
22designee may include the integrated pest management plan with
23the annual notification sent to staff and parents or guardians of
24pupils enrolled at the schoolsite pursuant to Section 17612. The
25integrated pest management plan shall include the name of the
26school designee or IPMbegin delete coordinator andend deletebegin insert coordinator,end insert include the
27pesticides applied at the schoolsite by schoolsite employees and
28hired pest control applicatorsbegin insert, and include a date when the plan
29shall be reviewed and, if necessary, updatedend insert
.

30(b) If a schoolsite chooses to use a pesticide not included within
31Section 17610.5, the school designee shallbegin delete develop andend delete post on
32the Internet Web site of the schoolsite an integrated pest
33management plan for the schoolsite or the school district. If the
34schoolsite does not maintain an Internet Web site, the school
35designee shall include the integrated pest management plan with
36the annual notification sent to staff and parents or guardians of
37pupils enrolled at the schoolsite pursuant to Section 17612. The
38integrated pest management plan shall include the name of the
39school designee or IPMbegin delete coordinator andend deletebegin insert coordinator,end insert include the
40pesticides applied at the schoolsite by school employees and hired
P7    1pest control applicatorsbegin insert, and include a date when the plan shall
2be reviewed and, if necessary, updatedend insert
.

begin insert

3(c) Nothing in this section shall limit or otherwise change the
4requirements of Section 17612.

end insert
5

SEC. 5.  

Section 17612 of the Education Code is amended to
6read:

7

17612.  

(a) The school designee shall annually provide to all
8staff and parents or guardians of pupils enrolled at a schoolsite a
9written notification of the name of all pesticide products expected
10to be applied at the schoolsite during the upcoming year. The
11notification shall identify the active ingredient or ingredients in
12each pesticide product. The notice shall also contain the Internet
13address used to access information on pesticides and pesticide use
14reduction developed by the Department of Pesticide Regulation
15pursuant to Section 13184 of the Food and Agricultural Code and
16may contain other information deemed necessary by the school
17designeebegin insert, and the Internet address where the schoolsite integrated
18pest management plan may be found if the school has posted the
19planend insert
.begin insert The notice shall also inform staff and parents and guardians
20of pupils enrolled at a schoolsite that they may view a copy of the
21integrated pest management plan in the schoolsite office.end insert
No other
22written notification of pesticide applications shall be required by
23this act except as follows:

24(1) In the written notification provided pursuant to this
25subdivision, the school designee shall provide the opportunity for
26recipients to register with the schoolsite if they wish to receive
27notification of individual pesticide applications at the schoolsite.
28Persons who register for notification shall be notified of individual
29pesticide applications at least 72 hours before the application. The
30notice shall include the product name, the active ingredient or
31ingredients in the product, and the intended date of application.

32(2) If a pesticide product not included in the annual notification
33is subsequently intended for use at the schoolsite, the school
34designee shall, consistent with this subdivision and at least 72
35hours before application, provide written notification of its intended
36use.

37(b) The school designee shall make every effort to meet the
38requirements of this section in the least costly manner. Annual
39notification by a school district to parents and guardians shall be
40provided pursuant to Section 48980.3. Any other notification shall,
P8    1to the extent feasible and consistent with the act adding this article,
2be included as part of any other written communication provided
3to individual parents or guardians. This section shall not require
4the school designee to issue the notice through first-class mail,
5unless he or she determines that no other method is feasible.

6(c) Pest control measures taken during an emergency condition
7as defined in Section 17609 shall not be subject to the requirements
8of paragraphs (1) and (2) of subdivision (a). However, the school
9designee or property owner shall make every effort to provide the
10required notification for an application of a pesticide under
11emergency conditions.

12(d) The school designee shall post each area of the schoolsite
13where pesticides will be applied with a warning sign. The warning
14sign shall prominently display the term “Warning/Pesticide Treated
15Area” and shall include the product name, manufacturer’s name,
16the United States Environmental Protection Agency’s product
17registration number, intended date and areas of application, and
18reason for the pesticide application. The warning sign shall be
19visible to all persons entering the treated area and shall be posted
2024 hours before the application and remain posted until 72 hours
21after the application. In case of a pest control emergency, the
22warning sign shall be posted immediately upon application and
23shall remain posted until 72 hours after the application.

24(e) Subdivisions (a) and (d) shall not apply to schools operated
25by the Division of Juvenile Justice. The school administrator of a
26 school operated by the Division of Juvenile Justice shall notify the
27chief medical officer of that facility at least 72 hours before the
28application of pesticides. The chief medical officer shall take any
29steps necessary to protect the health of pupils in that facility.

30(f) This section and Section 17611 shall not apply to activities
31undertaken at a school by participants in the state program of
32agricultural vocational education, pursuant to Article 7
33(commencing with Section 52450) of Chapter 9 of Part 28 of
34Division 4 of Title 2, if the activities are necessary to meet the
35curriculum requirements prescribed in Section 52454. This
36subdivision does not relieve schools participating in the state
37program of agricultural vocational education of any duties pursuant
38to this section for activities that are not directly related to the
39curriculum requirements of Section 52454.

P9    1(g) Sections 17610 to 17614, inclusive, shall not apply to family
2day care homes or property owners of family day care homes, as
3defined in Section 1596.78 of the Health and Safety Code, or their
4agents who personally apply any pesticides.

5(h) If pesticide is applied by a property owner or his or her agent,
6or by a pest control operator, failure to provide notice pursuant to
7subdivision (b) of Section 17610 or subdivision (d) of Section
813186 of the Food and Agricultural Code shall relieve a privately
9operated child day care facility from the requirements of this
10section.

11

SEC. 6.  

Section 17614 is added to the Education Code, to read:

12

17614.  

begin deleteA end deletebegin insertCommencing July 1, 2016, the school designee and
13any end insert
person, includingbegin insert, but not necessarily limited to,end insert abegin delete hiredend delete pest
14control applicator or schoolsite employee, who, in the course of
15his or her work intends to apply a pesticide at a schoolsite subject
16to this article, shall annually complete a training course provided
17by the Department of Pesticide Regulation or an agent authorized
18by the Department of Pesticide Regulation. The training course
19shall include integrated pest management and the safe use of
20pesticides in relation to the unique nature of schoolsites and
21children’s health.

22

SEC. 7.  

Section 12996 of the Food and Agricultural Code is
23amended to read:

24

12996.  

(a) Every person who violates any provision of this
25division relating to pesticides, or any regulation issued pursuant
26to a provision of this division relating to pesticides, is guilty of a
27misdemeanor and upon conviction shall be punished by a fine of
28not less than five hundred dollars ($500) nor more than five
29thousand dollars ($5,000), or by imprisonment of not more than
30six months, or by bothbegin insert theend insert fine and imprisonment. Upon a second
31or subsequent conviction of the same provision of this division
32relating to pesticides, a person shall be punished by a fine of not
33less than one thousand dollars ($1,000) nor more than ten thousand
34dollars ($10,000), or by imprisonment of not more than six months
35or by bothbegin insert theend insert fine and imprisonment. Each violation constitutes
36a separate offense.

37(b) Notwithstanding the penalties prescribed in subdivision (a),
38if the offense involves an intentional or negligent violation that
39created or reasonably could have created a hazard to human health
40or the environment, the convicted person shall be punished by
P10   1imprisonment inbegin delete theend deletebegin insert aend insert county jail not exceeding one year or in the
2state prison or bybegin insert aend insert fine of not less than five thousand dollars
3($5,000) nor more than fifty thousand dollars ($50,000), or by both
4the fine and imprisonment.

5(c) This section does not apply to violations of Chapter 7.5
6(commencing with Section 15300) or Section 13186.5.

7

SEC. 8.  

Section 12999.4 of the Food and Agricultural Code is
8amended to read:

9

12999.4.  

(a) In lieu of civil prosecution by the director, the
10director may levy a civil penalty against a person violating Sections
1112115, 12116, 12671, 12992, 12993, Chapter 10 (commencing
12with Section 12400) of Division 6, Article 4.5 (commencing with
13Section 12841), Section 13186.5, Chapter 7.5 (commencing with
14Section 15300), or the regulations adopted pursuant to those
15provisions, of not more than five thousand dollars ($5,000) for
16each violation.

17(b) Before a civil penalty is levied, the person charged with the
18violation shall be given a written notice of the proposed action,
19including the nature of the violation and the amount of the proposed
20penalty, and shall have the right to request a hearing within 20
21days after receiving notice of the proposed action. A notice of the
22proposed action that is sent by certified mail to the last known
23address of the person charged shall be considered received even
24if delivery is refused or the notice is not accepted at that address.
25If a hearing is requested, notice of the time and place of the hearing
26shall be given at least 10 days before the date set for the hearing.
27begin deletePrior toend deletebegin insert Beforeend insert the hearing, the person shall be given an opportunity
28to review the director’s evidence. At the hearing, the person shall
29be given the opportunity to present evidence on his or her own
30behalf. If a hearing is not timely requested, the director may take
31the action proposed without a hearing.

32(c) If the person against whom the director levied a civil penalty
33requested and appeared at a hearing, the person may seek review
34of the director’s decision within 30 days of the date of the decision
35pursuant to Section 1094.5 of the Code of Civil Procedure.

36(d) After the exhaustion of the review procedure provided in
37this section, the director, or his or her representative, may file a
38certified copy of a final decision of the director that directs the
39payment of a civil penalty and, if applicable, any order that denies
40a petition for a writ of administrative mandamus, with the clerk
P11   1of the superior court of any county. Judgment shall be entered
2immediately by the clerk in conformity with the decision or order.
3No fees shall be charged by the clerk of the superior court for the
4performance of any official service required in connection with
5the entry of judgment pursuant to this section.

6(e) Any money recovered under this section shall be paid into
7the Department of Pesticide Regulation Fund for use by the
8department, upon appropriation, in administering this division and
9Division 6 (commencing with Section 11401).

10

SEC. 9.  

Section 13181 of the Food and Agricultural Code is
11amended to read:

12

13181.  

(a) Notwithstanding any other law, for purposes of this
13article, “integrated pest management” means a pest management
14strategy that focuses on long-term prevention or suppression of
15pest problems through a combination of techniques such as
16monitoring for pest presence and establishing treatment threshold
17levels, using nonchemical practices to make the habitat less
18conducive to pest development, improving sanitation, and
19employing mechanical and physical controls. Pesticides that pose
20the least possible hazard and are effective in a manner that
21minimizes risks to people, property, and the environment, are used
22only after careful monitoring indicates they are needed according
23to preestablished guidelines and treatment thresholds. This
24definition shall apply only to integrated pest management at school
25facilities and child day care facilities.

26(b) For purposes of this article “IPM coordinator” has the same
27meaning as school designee or IPM coordinator, as those terms
28are defined in subdivision (e) of Section 17609 of the Education
29Code.

30

SEC. 10.  

Section 13182 of the Food and Agricultural Code is
31amended to read:

32

13182.  

It is the policy of the state that effective least toxic pest
33management practices should be the preferred method of managing
34pests at schoolsites and that the state, in order to reduce children’s
35exposure to toxic pesticides, shall take the necessary steps, pursuant
36to this article, to facilitate the adoption of effective least toxic pest
37management practices at schoolsites. It is the intent of the
38Legislature that all school personnel involved in the application
39of pesticide at a schoolsite be trained in integrated pest management
P12   1and the safe use of pesticides in relation to the unique nature of
2schoolsites and children’s health.

3

SEC. 11.  

Section 13183 of the Food and Agricultural Code is
4amended to read:

5

13183.  

(a) The department shall promote and facilitate the
6voluntary adoption of integrated pest management programs for
7schoolsites, excluding privately operated child day care facilities,
8as defined in Section 1596.750 of the Health and Safety Code, that
9voluntarily choose to do so. For these schoolsites, the department
10shall do all of the following:

11(1) Establish an integrated pest management program for
12schoolsites consistent with Section 13181. In establishing the
13program, the department shall:

14(A) Develop criteria for identifying least-hazardous pest control
15practices and encourage their adoption as part of an integrated pest
16management program at each schoolsite.

17(B) Develop a model program guidebook that prescribes
18essential program elements for schoolsites that have adopted a
19least-hazardous integrated pest management program. At a
20minimum, this guidebook shall include guidance on all of the
21following:

22(i) Adopting an IPM policy.

23(ii) Selecting and training an IPM coordinator.

24(iii) Identifying and monitoring pest populations and damage.

25(iv) Establishing a community-based school district advisory
26committee.

27(v) Developing a pest management plan for making
28least-hazardous pest control choices.

29(vi) Contracting for integrated pest management services.

30(vii) Training and licensing opportunities.

31(viii) Establishing a community-based right-to-know standard
32for notification and posting of pesticide applications.

33(ix) Recordkeeping and program review.

begin delete

34(C) Develop a training course to train any person who intends
35to apply pesticides on a schoolsite. The training course shall cover
36integrated pest management and the safe use of pesticides in
37relation to the unique nature of schoolsites and children’s health.
38The training course shall be provided by the department or an agent
39authorized by the department.

end delete
begin delete

P13 1 40(D)

end delete

P13   1begin insert(C)end insert Develop a template for an integrated pest management plan
2to be used by schoolsites. The template shall outline a strategy for
3integrated pest management as described in Section 13180.

4(2) Make the model program guidebook available to schoolsites
5and establish a process for systematically updating the guidebook
6and supporting documentation.

7(b) The department shall promote and facilitate the voluntary
8adoption of integrated pest management programs at child day
9care facilities, as defined in Section 1596.750 of the Health and
10Safety Code, through the following:

11(1) Modifying the department’s existing integrated pest
12management program for schoolsites as described in subdivision
13(a) of Section 13183 for the child day care setting.

14(2) Creating or modifying existing educational and informational
15materials on integrated pest management for the child day care
16setting.

17(3) Making the materials available to child day care facilities
18and establishing a process for systematically updating them.

begin insert

19(c) The department shall develop a training course to train any
20person who intends to apply pesticides on a schoolsite. The training
21course shall cover integrated pest management and the safe use
22of pesticides in relation to the unique nature of schoolsites and
23children’s health. The training course shall be provided by the
24department or an agent authorized by the department.

end insert
25

SEC. 12.  

Section 13186.5 is added to the Food and Agricultural
26Code
, to read:

27

13186.5.  

begin deleteA end deletebegin insertCommencing July 1, 2016, a school designee, as
28defined in Section 17609 of the Education Code, and any end insert
person
29hired to apply a pesticide at a schoolsite subject to this article shall
30annually complete a training course provided by the department
31or an agent authorized by the department. The training shall include
32integrated pest management and the safe use of pesticides in
33relation to the unique nature of schoolsites and children’s health.

34

SEC. 13.  

Section 13187 of the Food and Agricultural Code is
35amended to read:

36

13187.  

Sections 13186 and 13186.5 shall not apply to any
37agency signatory to a cooperative agreement with the State
P14   1Department of Public Health pursuant to Section 116180 of the
2Health and Safety Code.



O

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