BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1405| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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. CONTINUED SB 1405 Page 2 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 CONTINUED SB 1405 Page 3 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 CONTINUED SB 1405 Page 4 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 theschoolsite 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.CONTINUED SB 1405 Page 5 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 **** END **** CONTINUED