BILL NUMBER: SB 1157 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 1, 2010
AMENDED IN SENATE APRIL 28, 2010
AMENDED IN SENATE APRIL 19, 2010
AMENDED IN SENATE APRIL 5, 2010
INTRODUCED BY Senator DeSaulnier
FEBRUARY 18, 2010
An act to add Section 17615 to the Education Code, relating to
pesticides.
LEGISLATIVE COUNSEL'S DIGEST
SB 1157, as amended, DeSaulnier. Education: Healthy Schools Act of
2010.
(1) Existing law generally regulates pesticide use and requires
the Department of Pesticide Regulation to promote and facilitate the
voluntary adoption of integrated pest management by school districts.
This bill, the Healthy Schools Act of 2010
commencing when specified funds are made available , would
prohibit all public schools from using any of
the most highly toxic pesticides, as listed
defined , on school property . This bill would
provide that its provisions would not apply to antimicrobial
pesticides, products deployed in the form of a self-contained bait or
trap, or as a crack and crevice treatment, agricultural uses, or
activities undertaken by participants in agricultural vocational
education , except as specified.
The bill would authorize the coordinator of the integrated pest
management program, or a school designee, as specified, to use the
most highly toxic pesticides of if the
requirements of the Healthy Schools Act of 2000 are met. Because the
bill would impose new duties on school districts, it would impose a
state-mandated local program.
This bill would require the Department of Pesticide Regulation,
beginning January 1, 2011 2012 , and
annually thereafter, to set an adequate fee on manufacturers or
importers of the most highly toxic pesticides, as defined.
The bill would require department to set the fee in an amount that is
sufficient and limited to reimburse the department for the cost of
administering, and school districts for the costs of implementing,
this act The bill would require the department to
develop and adopt regulations to establish the amount of the fee, as
specified .
This bill would require the department to adopt regulations to
establish the amount of the fee, as specified.
(2) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. (a) The Legislature hereby finds and declares all of
the following:
(1) Pesticides have been linked to numerous acute and chronic
illnesses, including cancer and asthma.
(2) Because children's bodies and brains are still developing,
exposure to pesticides can have detrimental and irreversible effects.
(3) Recognizing the impact of pesticides on the school community,
the Department of Pesticide Regulation has developed an Internet Web
site, written training materials, and conducted regional training
sessions to assist schools that have chosen to adopt least-toxic
integrated pest management techniques and to eliminate use of the
most dangerous pesticides.
(4) However, many California public schools continue to use highly
toxic pesticides.
(5) It is necessary to take precautionary measures to protect the
health and safety of California schoolchildren and teachers, and
better ensure a safe learning and working environment.
(b) This act shall be known, and may be cited, as the Healthy
Schools Act of 2010.
SEC. 2. Section 17615 is added to the Education Code, to read:
17615. (a) No public school may use
Commencing when funds are made available pursuant to subdivision (g),
a public school shall not use any of the most highly toxic
pesticides on school property unless the pest problem to be addressed
cannot be effectively managed with a lower risk pesticide.
(b) For purposes of this section, "most highly toxic pesticides"
means any of the following :
(1) Pesticide products that are neurotoxic organophosphorus
compounds, containing N-methyl-carbamate or cholinesterase
inhibitors, as designated by the Materials Data Sheet of the
Department of Pesticide Regulation, for the particular chemical.
(2) Pesticide products containing active ingredients rated by the
United States Environmental Protection Agency as A or B carcinogens
or substances listed as, known or probable human carcinogens as
designated by the International Agency for Research for Cancer, the
United States Environmental Protection Agency, the United
States National Toxicology Program, or pursuant to the Safe Drinking
Water and Toxics Enforcement Act of 1986, and are likely to be human
carcinogens, or suggestive of being human carcinogens, as described
in the "List of Chemicals Evaluated for Carcinogenic Potential," or
known to the state to cause cancer as listed pursuant to the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12 of Division 104 of the Health and Safety
Code).
(3) Pesticide products containing active ingredients that cause
birth defects, reproductive harm, or developmental harm as identified
by the United States Environmental Protection Agency or listed
pursuant to the California Safe Drinking Water Act (Chapter 4
(commencing with Section 116270) of Part 12 of Division 104 of the
Health and Safety Code) or as designated pursuant to the Safe
Drinking Water and Toxics Enforcement Act of 1986.
(4) Pesticide products with high acute toxicity as defined by the
United States Environmental Protection Agency in Toxicity Categories
I and II, as defined in Part 156.62 of Title 40 of the Code of
Federal Regulations, or designated by the World Health Organization
or the United States National Toxicology Program.
(c) In the case of an emergency condition as defined in
subdivision (c) of Section 17609, the coordinator of the integrated
pest management program, if the school district has established an
integrated pest management program, or the school district designee,
as defined in subdivision (d) of Section 17609, may permit the use of
the most highly toxic pesticide if the provisions of the Healthy
Schools Act of 2000 (Article 17 (commencing with Section 13180) of
Chapter 2 of Division 7 of the Food and Agricultural Code) are met.
(d) This section does not apply to any of the following:
(1) Sanitizers and disinfectants.
(2) Pesticide products deployed in the form of a self-contained
bait or trap.
(3) Gels or pastes deployed as crack and crevice treatment. "Crack
and crevice treatment" means the application of small quantities of
a pesticide, consistent with labeling instructions, in a building
into openings such as those commonly found at expansion joints,
between levels of construction, and between equipment and floors.
(4) Activities undertaken at a school by participants in the state
program of agricultural vocational education, pursuant to Article 7
(commencing with Section 52450) of Chapter 9 of Part 28 of Division 4
of Title 2, if the activities are necessary to meet the curriculum
requirements prescribed in Section 52454. Nothing in this subdivision
relieves schools participating in the state program of agricultural
vocational education of any duties pursuant to this section for
activities that are not directly related to the curriculum
requirements of Section 52454.
(5) Agricultural uses.
(e) This section does not abrogate the authority of county health
officers, the Department of Food and Agriculture, mosquito and vector
control districts, the State Department of Public Health, or other
state agencies that are responsible for pest management decisions
that may affect public schools in California.
(f) This section does not preclude a school district from adopting
stricter pesticide use policies or from enforcing stricter policies
that have already been adopted.
(g) (1) A fund is hereby established in the State Treasury to be
known as the Healthy Schools Act of 2010 Fund. Moneys deposited in
this fund may be expended by the Director of Pesticides Regulation
upon appropriation by statute, for the purposes of implementing this
section.
(2) The Department of Pesticide Regulation shall, beginning
January 1, 2011 2012 , and annually
thereafter, set the amount of a fee on manufacturers or importers of
the most highly toxic pesticides, as defined by this section, that
the department determines to be sufficient and limited to reimburse
the department for the cost of administering the Healthy Schools Act
of 2010, and reimburse local agencies and school districts for costs
of implementing this section.
(3) The department shall develop
Department of Pesticide Regulation shall develop and adopt
regulations to establish the amount of the fee adequate to
support an adequate fee for purposes of this
section. The regulations adopted pursuant to this section,
or any amendment thereto, shall be adopted by the department
department shall adopt regulations for purposes of
this subdivision in accordance with Chapter 3.5 (commencing
with Section 11340) of Part 1 of Division 3 of Title 2 of the
Government Code. However, the The
adoption, amendment, readoption, or repeal of these regulations shall
be considered by the Office of Administrative Law as an emergency,
and necessary for the immediate preservation of the public peace,
health, safety, and general welfare. Notwithstanding any other
provision of law, the regulations shall remain in effect until
amended by the department. The department shall make available to the
public, upon the adoption of an emergency regulation establishing a
new fee, the information upon which the department has calculated,
based, or determined the new fee.
(4) The Department of Pesticide Regulation shall borrow moneys
from the Department of Pesticide Regulation Fund to cover the
department's costs in developing and adopting regulations and
establishing a fee for purposes of this subdivision. The department
shall repay the loan using moneys from the Healthy Schools Act of
2010 Fund as they become available.
(5) The Department of Pesticide Regulation shall use the databases
of all of the following public agencies and international
organizations in order to assess and identify the most highly toxic
pesticides:
(A) State Department of Health Care Services.
(B) United States Environmental Protection Agency.
(C) United States Department of Health and Human Services.
(D) National Institutes of Health.
(E) World Health Organization.
(F) International Agency for Research on Cancer.
(G) European Union.
SEC. 3. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.