BILL ANALYSIS
AB 1721
Page 1
Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON AGRICULTURE
Cathleen Galgiani, Chair
AB 1721 (Swanson) - As Amended: April 8, 2010
ENVRONMENTAL SAFETY 5-2
-----------------------------------------------------------------
|Ayes:|Nava, Chesbro, Davis, | | |
| |Monning, Ruskin | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Miller, Smyth | | |
| | | | |
-----------------------------------------------------------------
SUBJECT : Pesticides: school zones.
SUMMARY : Creates a prohibition for specific types of pesticide
applications and purposes, within one-half or one-quarter mile
of a school zone as defined, while exempting the State
Department of Public Health (DPH) and vector control from these
restrictions. Specifically, this bill :
1)Creates the "Healthy and Safe School Zone Act."
2)Prohibits the use of restricted materials (specified
pesticides) applied by specified methods (described below,
item 7) for commercial agricultural or state agricultural pest
eradication or control programs within a half mile of a school
safety zone.
3)Prohibits the use of non-restricted materials applied by
specified methods (described below, item 7) for commercial
agricultural or state agricultural pest eradication or control
programs within one-quarter mile of a school safety zone.
4)Exempts approved organic pesticides from these prohibitions,
except for elemental or lime sulfur, used for commercial
agriculture.
5)Defines "school safety zone" to mean a schoolsite, as defined
in Section 17609 of the Education code.
6)Creates a new definition for "commercial agriculture" to mean
any person engaged in the raising of crops, nursery stock, or
AB 1721
Page 2
animals, or producing animal products, for commerce.
7)Describes as prohibited application methods: aerial
application, application by powered equipment, chemigation
(application through irrigation lines), fumigation, or other
methods of application likely to cause off-site movement of
pesticides.
8)Exempts the following from these prohibitions:
a) DPH and local vector control agencies providing service
in accordance with Health and Safety Code Section 116180.
b) Districts organized under the Mosquito Abatement and
Vector Control District Law.
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 CAC (Food and Agricultural Code (FAC) Section
11503.5).
Requires that the use of pesticides is done in such a manner as
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 Section 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 CAC (FAC Section 14006.5).
AB 1721
Page 3
Requires CAC, before issuing a permit for any pesticide, to
consider local conditions including use in the vicinity of
schools (FAC Section 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 Section 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. (Education Code Section 17608 et al.)
Defines a "schoolsite" as 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. (Education Code Section
17609(e).) Requires DPR to promote and fascilitate the
voluntary adoption of integrated pest management programs at
schools. (FAC Section 13180 et al).
Section 1596.750 of the Health and Safety Code defines "Child
day care facility" as a facility that provides non-medical care
to children under 18 years of age in need of personal services,
supervision, or assistance essential for sustaining the
activities of daily living or for the protection of the
individual on less than a 24-hour basis. Child day care
facility includes day care centers, employer-sponsored child
care centers, and family day care homes.
Health and Safety Code Section 116180 states that the DPH may
enter into a cooperative agreement with any local district or
other public agency engaged in the work of controlling
mosquitoes, gnats, flies, other insects, rodents, or other
vectors and pests of public health importance, in areas and
under terms, conditions, and specifications as the director may
prescribe.
AB 1721
Page 4
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
on the label.
FISCAL EFFECT : This bill is keyed "fiscal" by Legislative
Counsel.
COMMENTS : According to the author, this bill is intended to
create two "school safety zones," within which pesticides may
not be applied during specified times. The bill would prohibit
the application of a pesticide within one-quarter mile around a
school safety zone, except for the application of pesticides
classified as "restricted use" by DPR, the safety zone would be
increased to one-half mile. The new restrictions would not
apply to the agricultural use of pesticides approved for use in
organic production.
In 2005, the National Institute for Occupational Safety and
Health (NIOSH) reviewed pesticide-related illnesses in schools
nationwide. NIOSH found that the number of pesticide-related
illnesses in schools had increased over time, and that over 20%
of the illnesses reported from California were caused by drift
from neighboring agricultural applications. Based on this
review, NIOSH recommended that states and other jurisdictions
"establish and enforce non-spray buffer zones around schools."
Several counties (including Kern, Kings, Imperial, San Luis
Obispo, Tulare, and Ventura) have already instituted pesticide
safety zones around schools, but the safety zone requirements
are not uniform. California County Agriculture Commissioners
also currently enforce safety zones of up to several miles to
protect crops from spray drift.
While the author mentions pesticide applications being
prohibited during "specific times," no time restraints are
mentioned in the bill. Additionally, the NIOSH review of school
incidents are based upon data taken from 1998 to 2002, prior to
this Legislature's passage of AB 947 (Jackson) that clarified
AB 1721
Page 5
the CAC's authority to condition the use of pesticides within a
quarter mile of school sites Since its enactment on January 1,
2003, there have been no agriculturally related school pesticide
incidents, while there has been illness reported at schools due
to the misuse or mishandling of pesticide products on school
property. The committee may wish to consider if additional
buffers are needed based upon the impact of AB 947 (Jackson).
This bill creates a new definition for "commercial agriculture"
that includes the production of animal products, which would
affect dairy processing plants for cheese, milk, yogurts and the
like, slaughter and meat processing facilities, and other food
processors. If these facilities are within a quarter mile of
schools or day care facilities, they may be prevented from using
standard sanitation products, as required by state and federal
authorities. The committee may wish to clarify if this is the
intent of the Author.
The prohibition of application by the described methods,
includes options that were developed to prevent offsite movement
of pesticides. The use of irrigation to deliver a product makes
the offsite movement practically nil. The lack of defining what
is meant by "powered equipment" could also cause confusion for
those enforcing these restrictions. The committee may wish to
consider if the technical expertise of CACs should be
determining what is an appropriate and safe method of
application.
According to DPR, pesticide use declined in California for a
third consecutive year in 2008; approximately 162 million
pounds of reported pesticides were applied statewide, a decrease
of nearly 10 million pounds - or six percent - from 2007.
Pesticide use in production agriculture fell by 9.6 million
pounds and in most other categories as well, including
structural pest control and landscape maintenance. Reports are
mandatory for agricultural and pest control business
applications, while most home, industrial and institutional uses
are exempt from reporting. It is estimated that consumer and
landscape use may be equal to that of agricultural use.
Agricultural use in 2000 was reported to total 188 million
pounds according to DPR. Use of reduced-risk chemicals in 2000
increased by 50%, as measured both by pounds applied and acres
treated.
In addition, it should be noted that the pounds of pesticides
used and the number of applications are not necessarily accurate
AB 1721
Page 6
indicators of the extent of pesticide use or, conversely, the
extent of use of reduced-risk pest management methods. For
example, farmers may make a number of small-scale "spot"
applications targeted at problem areas rather than one treatment
of a large area. They may replace a more toxic pesticide used
at one pound per acre with a less hazardous compound that must
be applied at multiple pounds per acre. Either of these
scenarios could increase the number of applications and amount
of pounds used without indicating an increased reliance on
pesticides.
The state pest eradication prohibitions in this bill could
create a refuge for exotic pests that might cause economic,
environmental or public health harm and prevent the purging of
such a pest from our environment. Currently there are several
eradications programs being conducted in this state, in
cooperation with the federal government. This prohibition could
jeopardize existing and future cooperative efforts causing the
increase need for pesticide use in both agricultural and
landscape sites.
Opponents estimate that AB 1721 could impact nearly 13 million
acres of agricultural lands. They state that the need to use
pesticides is driven by economic necessity, when the cost of
damage is more than the cost application, the application is
triggered. The method of application is determined by weather
and crop needs - ground rigs cannot be used on wet ground and if
it could cause the spread of disease, alternatives are needed.
RELATED LEGISLATION : AB 622 (Swanson) of 2009 would have
established a safety zone of no less than 3.3 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 Committee on
Agriculture.
SB 759 (Leno) of 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. Required the
Department of Food and Agriculture (CDFA) to hold at least one
AB 1721
Page 7
public meeting to discuss alternatives before the aerial
application of a pesticide and to notice all ingredients in the
pesticide.
AB 2763 (Laird), Chapter 573, Statutes of 2008. Required CDFA
to develop and maintain a list of invasive animals, plants, and
insects likely to enter California; and, 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.
AB 2865 (Torrico), Chapter 865, Statutes of 2006. Required that
private day-care facilities comply with the current
record-keeping and notification requirements applied to public
day-care facilities and required DPR to promote and facilitate
the adoption of integrated pest management programs at child day
care facilities, including family day care homes.
AB 947 (Jackson), Chapter 457, Statutes of 2002. Provided
greater protections for children and others from accidental
exposures to pesticides drifting over schools by clarifying the
permissive authority of county agricultural commissioners to
regulate pesticide applications and for schools to prepare
emergency plans.
AB 2260 (Shelly), Chapter 718, Statutes of 2000. Established
the Healthy Schools Act of 2000, including the intent that pests
be managed in accordance with effective, least toxic practices;
notification of parents and others about prospective and current
pesticide applications at schoolsites.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1721
Page 8
The Center for Environmental Health (Sponsor)
Association of Irritated Residents
American Lung Association
Breast Cancer Action
Breast Cancer Fund
California Nurses Association
California Public Health Association
California Rural Legal Assistance Foundation
California Safe Schools
California State PTA
California Teachers Association
Californians for Pesticide Reform
Central Valley Air Quality Coalition
Clean Water Action, California
Community Action to Fight Asthma
El Quinto Sol de America
Environment California
Environmental Working Group
Green Schools Initiative
Latina Democratic Club of San Joaquin County
Mothers of Marin Against the Spray
Organization of Farmworker Women Leaders In California
Pesticide Action Network
Physicians for Social Responsibility/Los Angeles/Sacramento
Planning and Conservation League
Sierra Club, California
Slow Food Sacramento
Four Individuals
AB 1721
Page 9
Opposition
California Agricultural Aircraft Association
California Agricultural Commissioners & Sealers Association
California Association of Nurseries & Garden Centers
California Bean Shippers Association
California Chamber of Commerce
California Cotton Ginners Association
California Cotton Growers Association
California Farm Bureau Federation
California Grain and Feed
California Grape and Tree Fruit League
California Pear Growers
California Seed Association
California State Floral Association
California Tomato Growers Association
California Warehouse Association
California Women for Agriculture
Family Winemakers of California
Nisei Farmers League
Western Agricultural Processors Association
Western Growers
Western Plant Health Association
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084