BILL ANALYSIS
AB 1721
Page 1
Date of Hearing: April 6, 2010
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Pedro Nava, Chair
AB 1721 (Swanson) - As Amended: March 17, 2010
SUBJECT : Pesticides: school zones.
SUMMARY : Prohibits the application of restricted-use
pesticides for the purposes of production agriculture or a state
pest eradication or control program within one-half mile of a
school and prohibits the application of non-restricted use
pesticides for the same purposes within one-quarter mile of a
school. Specifically, this bill :
1)Creates the Healthy and Safe School Zones Act.
2)Prohibits the application of restricted-use pesticides for the
purposes of production agriculture or a state pest eradication
or control program within one-half mile of a school safety
zone.
3)Prohibits the application of non-restricted use pesticides for
purposes of production agriculture or a state pest eradication
or control program within one-quarter mile of a school safety
zone.
4)Exempts approved organic pesticides, except for elemental or
lime sulfur, used for production agriculture from the previous
prohibitions.
5)Defines "school safety zone" as a school site.
EXISTING LAW :
Authorizes county agricultural commissioners (CAC) to adopt
regulations for the agricultural use of any pesticide for
agricultural production within one-quarter mile of a school with
respect to the timing, notification, and method of application.
Provides that these regulations will become operative unless
specifically disapproved in writing by the Department of
Pesticide Regulation (DPR) within 30 calendar days of submission
by the CAC (Food and Agricultural Code (FAC) Section 11503.5).
Requires that the use of pesticides is done in such a manner as
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to prevent substantial drift to non-target areas (FAC Section
12972).
Requires DPR to designate a list of restricted materials based
upon, but not limited to: danger of impairment of public
health; hazards to applicators and farm workers; hazards to
domestic animals, including honeybees, or to crops from direct
application or drift; hazard to the environment from drift onto
streams, lakes, and wildlife sanctuaries; hazards related to
persistent residues in the soil resulting ultimately in
contamination of the air, waterways, estuaries or lakes, with
consequent damage to fish, wild birds, and other wildlife; or
hazards to subsequent crops through persistent soil residues
(FAC 14004.5).
Prohibits the use or possession of any pesticide designated as a
restricted material for any agricultural use except under a
written permit of the CAC (FAC 14006.5).
Requires the CAC, before issuing a permit for any pesticide, to
consider local conditions including use in the vicinity of
schools (FAC 14006.5).
Authorizes the agricultural use of any pesticide not designated
as a restricted material unless the CAC determines that its use
will present an undue hazard when used under local conditions
(FAC 14006.6)
Under the California Healthy Schools Act, requires parental
notification of pesticide applications at schools, warning signs
at schools, recordkeeping at schools and pesticide use reporting
by licensed pest control businesses that apply pesticides at
schools. Requires DPR to promote and fascilitate the voluntary
adoption of integrated pest management programs at schools
(Education Code Section 17608 et al and FAC 13180 et al).
Under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), provides the United States Environmental Protection
Agency (USEPA) with the authority to oversee the sale and use of
pesticides. Requires that all pesticides used in the United
States are registered (licensed) by USEPA. Requires proper
labeling of pesticides and that, if used in accordance with
specifications, the pesticide will not cause an "unreasonable
adverse effect on the environment." Requires that use of each
registered pesticide is consistent with use directions contained
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on the label.
FISCAL EFFECT : Unknown.
COMMENTS :
Need for the bill . According to the author, "this bill attempts
to solve the problem of pesticide illnesses caused by
applications of agricultural pesticides and pesticides used in
state eradication programs near schools. Current law allows
agricultural commissioners to regulate pesticide use around
schools, but protections provided to California children at this
point are inconsistent and incomplete... Children are more
susceptible to adverse effects of pesticides because their
bodies are growing and developing. In addition, their behavior
increases their exposure to pesticides? Drift (movement of
pesticides away from the target site) is inevitable when
pesticides are used. This means that if pesticides are used
near schools, children are inevitably exposed?
The National Institute for Occupational Safety and Health has
recently recommended that "no spray buffer zones" be established
around schools to prevent illnesses caused by pesticide drift."
Pesticide use in California . According to the USEPA, Americans
use more than a billion pounds of pesticides each year to combat
pests on farm crops, in homes, places of business, schools,
parks, hospitals, and other public places. According to
Pesticide Action Network, since the mid-1990's, reported
agricultural and professional pesticide use has been at about
200 million pounds of active ingredients applied each year in
California.
Effects of pesticide exposure . The USEPA reports that the
adverse effects of pesticide exposure range from mild symptoms
of dizziness and nausea to serious, long-term neurological,
developmental and reproductive disorders. However, according to
the study Acute Illnesses Associated with Pesticide Exposure at
Schools published in 2005 by the American Medical Association,
pesticide poisoning is a commonly under-diagnosed illness. The
clinical findings of acute pesticide poisoning are rarely
pathognomonic, but instead resemble acute upper respiratory
tract illness, conjunctivitis, gastrointestinal illness, and
other conditions.
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Children are at a greater risk from exposure to some pesticides
for a number of reasons. Children's internal organs are still
developing and maturing and their enzymatic, metabolic, and
immune systems may provide less natural protection than those of
an adult. There are "critical periods" in human development
when exposure to a toxin can permanently alter the way an
individual's biological system operates. In addition, children
may be more likely to be exposed to certain pesticides because
they eat different foods and behave differently than do adults.
For instance, children's behaviors, such as playing on the floor
or on the lawn where pesticides are commonly applied, or putting
objects in their mouths, increase their chances of exposure to
pesticides.
Pesticide exposure at schools . The report, Pesticide Protection
Zones: Keeping Kids Safe at School, which was compiled by
Californians for Pesticide Reform, Pesticide Watch and Center
for Environmental Health, states that 90 percent of pesticides
used in the state are prone to moving away from the site on
which they are applied. The report states that in rural
agricultural areas of California, pesticides are routinely
applied near schools. In Tulare County, for example, 49 percent
of schools are within one-quarter mile of agricultural fields.
While county agricultural commissioners in California were given
the authority to set up school buffer zones starting in 2003
(see below), according to DPR, between 2003 and 2007 there were
two reported cases in which agricultural pesticides affected
people at school. Both episodes were in 2003 and involved
chloropicrin soil fumigations. One episode affected two day
care workers and the other episode affected 14 school district
employees. More recent data was not available from DPR at the
time of print; however, supporters of this bill point to at
least three additional pesticides drift incidents at schools
since 2003.
Current school pesticide buffer zone programs. California law
(Jackson, Chapter 457, Statutes of 2002), which went into effect
in January 2003, explicitly authorizes county agricultural
commissioners (CACs) to adopt regulations for the agricultural
use of any pesticide for agricultural production within
one-quarter mile of a school (buffer zone) with respect to the
timing, notification, and method of application of the
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pesticide. Buffer zone regulations adopted by a CAC will become
operative unless they are specifically disapproved in writing by
the director of DPR within 30 calendar days of their submission
by the CAC.
While no publicly available statewide database of county actions
on school buffer zones exists, Pesticide Protection Zones:
Keeping Kids Safe at School states that of the state's 25
counties with the highest-value agricultural production, 14 have
some kind of pesticide protection around schools and 11 have no
protection zones. These protections vary widely in regards to
the size of the buffer zone (100 feet to 2 miles), types of
pesticides regulated (all pesticides, specific regulated
materials, etc.), timing of application (when children are
present, when school is in session, etc.), method of regulation
(county ordinance, conditions on permits, etc.) and other
variables. Data from DPR corroborates the information above.
Data which DPR was able to compile within a limited period of
time reveal that the 33 counties contacted have widely varied
approaches to addressing pesticide drift to schools, including
many counties who appear to have no formal process in place to
address potential drift.
While state law provides CACs with a tool for regulating
pesticide use in their individual counties, counties have
created a patchwork of regulations and requirements that provide
California children with disparate protection from potential
exposure to pesticide drift. Some counties have proven that
they are able to implement buffer zone requirements around
schools, but other counties have taken no action or extremely
limited action to do the same.
Appropriate buffer zone size . The sponsors of this bill argue
that the buffer zone requirements AB 1721 were determined due to
the fact that state law already authorizes CACs to set a
one-quarter mile buffer zone for all pesticides, and because
some counties have set buffer zones of up to 2 miles for certain
pesticides.
Restricted materials . At the state level, DPR designates, by
regulation, pesticides that can impair human health or pose
hazards to the environment as "restricted materials."
Restricted materials are pesticides deemed to have a higher
potential to cause harm to public health, farm workers, domestic
animals, honeybees, the environment, wildlife, or other crops
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compared to other pesticides. With certain exceptions,
restricted materials may be purchased and used only by or under
the supervision of a certified commercial or private applicator
under a permit issued by the CAC. California requires permits
for restricted materials so that the local CAC can assess, in
advance, the potential effects of the proposed application on
health and the environment. Permits are time- and site-
specific, and include use practices to reduce adverse effects.
Non-resticted materials do not require a permit unless the CAC
determines that its use will present an undue hazard when used
under local conditions.
Opposition . Opponents of the bill, which include the California
Farm Bureau Federation, Western Growers, and the California
Chamber of Commerce argue, "AB 1721 disregards the complex
system of compliance and enforcement currently existing in
California by mandating arbitrary pesticide buffer zones around
schools... If the application of crop protection tools becomes
so restrictive that it ultimately prevents growers from
utilizing critical and time sensitive measures, this will lead
to a reduction in acreage for many fruit and vegetable crops?
Given the sheer number of school sites within each county, the
provisions contained in AB 1721 will effectively prohibit local
mosquito and vector control agencies from providing public
health and safety control measures, including the control of
mosquitoes that carry the West Nile virus, a virus that has
caused a significant number of deaths in California."
Support . Supporters of the bill, including California Public
Health Association- North, California Nurses Association, and
the Center for Environmental Health, argue, "The special
vulnerability of children to pesticide exposure is well known.
Changes to children's growth and development from pesticide
exposure can be permanent, altering their health for life? At
least 15 counties in California have adopted pesticide safety or
buffer zones of varying sizes around schools. Because pesticide
safety zones differ among counties and many counties still do
not have them, children across the state do not have equal
protection from pesticide applications and drift. This bill
would give children throughout California equal protection from
the risk of pesticide exposure while at school and would
simplify compliance and enforcement for applicators and county
agriculture commissioners."
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Recent related bills .
AB 622 (Swanson, 2009). Would have established a safety zone of
no less than three and three tenths miles for the aerial
application of a pesticide for residential areas and known
sensitive sites such as schools, hospitals, day care centers,
senior citizen centers, residential care homes, and farm labor
camps. This bill died in the Assembly Agriculture Committee.
SB 759 (Leno, 2009). Would have required that a manufacturer
voluntarily provide a complete list of the ingredients in their
product to the Office of Environmental Health Hazard Assessment
(OEHHA) before a pesticide could be aerially applied to any
residential or sensitive area in the state. This bill died on
the Senate Appropriations Committee suspense file.
AB 2765 (Huffman), Chapter 574, Statutes of 2008. Requires the
Department of Food and Agriculture (CDFA) to hold at least one
public meeting to discuss alternatives before the aerial
application of a pesticide. Requires CDFA to notice all
ingredients in the pesticide.
AB 2763 (Laird), Chapter 573, Statutes of 2008. Requires CDFA
to (1) develop and maintain a list of invasive animals, plants,
and insects likely to enter California; and (2) plan for
appropriate responses to these possible pests, including
notifying the public of the active and inert ingredients in
aerially applied pesticides to the extent that disclosure is
permitted under state and federal law.
Clarification . The goal of this bill is to address the
potential harmful effects of pesticide drift from agricultural
sites onto school grounds. Therefore, the Committee may wish to
consider clarifying the bill in the following ways:
1. Clarify that restrictions on pesticide use within a
school safety zone only applies to commercial agriculture,
not all production agriculture.
2. Clarify that restrictions on pesticide use within a
school safety zone only applies to state agricultural pest
eradication and control programs, not all state pest
eradication and control programs.
3. Clarify that restrictions on pesticide use within a
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school safety zone only applies to certain methods of
application that have the potential to cause pesticide
drift, such as aerial application, pesticides applied by
powered equipment, chemigation, fumigation or other methods
of application that are likely to cause off-site movement
of the pesticide.
4. Make other technical, clarifying changes including
defining terms such as school site, approved organic
pesticides, etc.
Double-referral to the Assembly Committee on Agriculture .
Should this measure be approved by this Committee, the do pass
motion must include the action to re-refer the bill to the
Assembly Committee on Agriculture.
REGISTERED SUPPORT / OPPOSITION :
Support
Center for Environmental Health- Sponsor
American Lung Association
Association of Irritated Residents
Breast Cancer Action
Breast Cancer Fund
California Nurses Association
Californians for Pesticide Reform
California Public Health Association- North
California PTA
California Public Interest Research Group (CalPIRG)
California Rural Legal Assistance Foundation
California Safe Schools
Central Valley Air Quality Coalition
El Comite para el Bienestar de Earlimart
Environmental Working Group
Environment California
Latina Democratic Club of San Joaquin County
Mothers of Marin Against the Spray (MOMAS)
Pesticide Action Network
Pesticide Watch
Physicians for Social Responsibility- Los Angeles
Physicians for Social Responsibility- Sacramento
Sierra Club California
Four individuals
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Opposition
Alameda County Mosquito Abatement District
Antelope Valley Mosquito and Vector Control District
Butte County Mosquito and Vector Control District
California Agricultural Aircraft Association
California Agricultural Commissioners and Sealers Association
California Bean Shippers Association
California Chamber of Commerce
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Grape and Tree Fruit League
California Pear Growers Association
California Seed Association
California Special Districts Association
California State Floral Association
California Tomato Growers Association
California Women for Agriculture
Family Winemakers of California
Greater Los Angeles County Vector Control District
Kern Mosquito and Vector Control District
Mosquito and Vector Control Association of California
Nisei Farmers League
San Mateo County Mosquito and Vector Control District
Western Agricultural Processors Association
Western Growers
Western Plant Health Association
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965