BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                            



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                                    THIRD READING


          Bill No:  SB 1405
          Author:   DeSaulnier (D), et al.
          Amended:  4/21/14
          Vote:     21


           SENATE EDUCATION COMMITTEE  :  8-0, 4/2/14
          AYES:  Liu, Wyland, Correa, Galgiani, Hancock, Hueso, Huff,  
            Monning
          NO VOTE RECORDED:  Block

           SENATE ENVIRONMENTAL QUALITY COMMITTEE  :  7-0, 4/30/14
          AYES:  Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley

           SENATE APPROPRIATIONS COMMITTEE  :  7-0, 5/23/14
          AYES:  De León, Walters, Gaines, Hill, Lara, Padilla, Steinberg


           SUBJECT  :    Pesticides and integrated pest management

           SOURCE  :     California Teamsters and Public Affairs Council
                      Center for Environmental Health


           DIGEST  :    This bill requires any school that uses a pesticide  
          other than a self-contained trap, gel or paste crevice treatment  
          or anti-microbial pesticides to develop an integrated pest  
          management (IPM) plan and requires any person who applies  
          pesticides at a schoolsite to annually complete a training  
          course that includes safe pesticide use and IPM.



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           ANALYSIS  :    

          Existing law:

          1.Establishes the Healthy Schools Act in the Education Code  
            (ED), which among other things:

             A.   Provides that 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 shall take the necessary steps to facilitate  
               the adoption of effective least toxic pest management  
               practices at schools.

             B.   Requires schools to annually provide a written notice to  
               staff and parents with the name of all pesticide products  
               expected to be applied at the school during the upcoming  
               year.

             C.   Requires schools to provide written notification at  
               least 72 hours prior to any application of pesticides that  
               was not included in the annual notification.

             D.   Requires schools to provide the opportunity for parents  
               and staff to register to receive notification at least 72  
               hours prior to individual pesticide applications.

             E.   Requires schools to post a warning sign at each area of  
               the schoolsite where pesticides will be applied.

             F.   Requires schools to keep records for four years of all  
               pesticides used at the schoolsite.

             G.   Prohibits the use of a pesticide that has been granted  
               conditional registration, an interim registration or an  
               experimental use permit.

             H.   Exempts agriculture vocational programs if the activity  
               is necessary to meet curriculum requirements.

             I.   Defines "schoolsite" as any facility used for K-12  
               school purposes or for child care (including day care  
               centers, employer- sponsored child care centers, but  

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               excludes family day care homes).  The term includes the  
               buildings or structures, playgrounds, athletic fields,  
               vehicles, or any other area of property visited or used by  
               students.  "Schoolsite" does not include any postsecondary  
               educational facility attended by secondary pupils or  
               private K-12 facilities.

          1.Establishes the Healthy Schools Act in the Food and  
            Agriculture Code (FAC) which among other things:

             A.   Requires the Department of Pesticide Regulation (DPR) to  
               promote and facilitate the voluntary adoption of IPM  
               programs for schools and child day care facilities.

             B.   Requires DPR to maintain an Internet Web site with  
               specific information, and requires DPR to ensure that  
               adequate resources are available to respond to inquiries  
               from schools regarding the use of IPM practices.

             C.   Requires DPR to establish an IPM training program to  
               facilitate the adoption of a model IPM program and  
               least-hazardous pest control practices by schools.

             D.   Requires DPR to prepare a school pesticide use form to  
               be used by licensed and certified pest control operators  
               when they apply any pesticides at a school.

             E.   Defines "IPM," applicable to schools and child care  
               facilities, as 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 non-chemical practices to make the habitat less  
               conducive to pest development, improving sanitation, and  
               employing mechanical and physical controls.  This  
               definition further states that 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 pre-established guidelines and  
               treatment thresholds.

          The Healthy Schools Act exempts from recordkeeping and  
          notification requirements pesticide products deployed in the  

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          form of a self-contained bait or trap, a gel or paste deployed  
          as a crack and crevice treatment, anti-microbial pesticides  
          (including sanitizers and disinfectants), and pesticides exempt  
          from regulation by the United States Environmental Protection  
          Agency (US EPA).
           
          This bill  amends the Healthy Schools Act as follows:

          1)If a school chooses to use certain pesticides,

               a.     Requires the school designee, at the end of each  
                 year, or more often at his or her discretion, to submit  
                 to DPR a copy of the records, as specified, of all  
                 pesticide use at the schoolsite. 

               b.     Requires the school designee to develop and post on  
                 the website of the schoolsite an IPM plan for the  
                 schoolsite or school district.  If the schoolsite does  
                 not maintain a website, the school designee would be  
                 required to include the IPM plan with a certain annual  
                 notification sent to staff and parents or guardians of  
                 pupils enrolled at the schoolsite. 

          2)Authorizes a school designee to do these things related to an  
            IPM plan if the   schoolsite does not choose to use certain  
            pesticides.

          3)Requires DPR to develop a training course to train any person  
            who plans to apply pesticides on a schoolsite, and would  
            require the training program to cover IPM and the safe use of  
            pesticides in relation to the unique nature of schoolsites and  
            children's health. 

          4)Requires the training course to be provided by DPR or an agent  
            authorized by the DPR.

          5)Requires 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 DPR or  
            an agent authorized by DPR. 

          6)Requires the training to include IPM and the safe use of  
            pesticides in relation to the unique nature of schoolsites and  
            children's health.   

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           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

           Ongoing annual costs of up to $290,000 from the DPR Fund  
            (special) to DPR for the increased database, IPM plan  
            development support, outreach workload, and development of a  
            training course.

           Ongoing contract costs of $125,000 from the DPR Fund (special)  
            to administer an online training course.

           SUPPORT  :   (Verified  5/23/14)

          California Teamsters Public Affairs Council (co-source)
          Center for Environmental Health (co-source)
          California Federation of Teachers
          Californians for Pesticide Reform
          Rural Communities Resource Center

           OPPOSITION  :    (Verified  5/23/14)

          Coalition for Adequate School Housing


          PQ:ek  5/25/14   Senate Floor Analyses 

                           SUPPORT/OPPOSITION:  SEE ABOVE

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