BILL NUMBER: SB 1157 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 2, 2010
AMENDED IN ASSEMBLY JUNE 23, 2010
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, and to
amend Section 13183 of the Food and Agricultural 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, commencing when specified funds are made
available, would prohibit public schools from using any of the most
highly toxic pesticides, as defined, on school property, except as
specified. If a highest risk pesticide is used, this bill would
require school staff to submit a pesticide use report, as specified.
The bill would require the Department of Pesticide Regulation to
update its school integrated pest management program Internet Web
site to facilitate identification of use of highest risk pesticides,
as specified January 1, 2014, would require
all schoolsites to adopt an integrated pest management program as
established, administered, and enforced by the department .
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, in the case of an
emergency condition, after consulting with program staff and the
local public health official who has determined that a public health
emergency exists, if the requirements of the Healthy Schools Act of
2000 are met. The bill would require a school district that uses
highest risk pesticides to participate in training, provide
notification of use to parents, and post the area of the schoolsite
where those pesticides will be applied, as specified.
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, 2012, and annually thereafter, to set an
adequate fee on manufacturers and brokers of the most highly
toxic pesticides, as defined pesticides used at
schoolsites . The bill would require the department to develop
and 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) According to the federal Centers for Disease Control and
Prevention, children between 6 and 11 years of age have higher levels
of commonly used pesticides in their bodies than any other age
group, with an average of six pesticides per child. According to
research conducted by the University of California, San Francisco,
children's diseases and conditions linked to pesticide exposure,
which include learning disabilities, cancer of the brain and
leukemia, birth defects, and asthma, have increased dramatically over
the past 30 years. Because children's bodies and brains are still
developing, exposure to pesticides can have irreversible detrimental
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. Least-toxic pest management activities have
actually decreased from 2004 to 2007, inclusive, as measured by the
report titled, 2007 Integrated Pest Management Survey of California
School Districts, prepared for the Department of Pesticide
Regulation. Forty-two percent of school districts that responded to
the survey stated that they were still broadcast spraying pesticides,
one of the highest risk practices for exposing children and staff
and contaminating the environment. Of the school districts that
claimed to be implementing integrated pest management practices, 62
percent stated that the costs were the same or less than using
chemical-intensive methods.
(5) According to the State Department of Education, there are over
1,000 school districts, and about 9,900 schoolsites in California
servicing over 6,000,000 pupils.
(6) 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) 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 Pesticide Regulation,
upon appropriation by statute, for the purposes of implementing the
Healthy Schools Act of 2010.
(b) The Department of Pesticide Regulation shall, beginning
January 1, 2012, and annually thereafter, set the amount of a fee on
manufacturers and brokers of pesticides used at schoolsites, that the
department determines to be sufficient and limited to reimburse the
department for the cost of administering and enforcing the Healthy
Schools Act of 2010 and to reimburse schoolsites for the costs of
implementing the Healthy Schools Act of 2010.
(c) The Department of Pesticide Regulation shall develop and adopt
regulations to establish the amount of an adequate fee for purposes
of implementing the Healthy Schools Act of 2010.
(d) 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 implementing the Healthy Schools
Act of 2010. The department shall repay the loan using moneys from
the Healthy Schools Act of 2010 Fund as they become available.
SEC. 3. Section 13183 of the Food and
Agricultural Code is amended to read:
13183. (a) The Department of Pesticide Regulation shall promote
and facilitate the voluntary adoption of integrated pest management
programs for schoolsites, excluding privately-operated
privately operated child day care facilities, as
defined in Section 1596.750 of the Health and Safety Code, that
voluntarily choose to do so. For these schoolsites, the department
shall do all of the following:
(1) Establish an integrated pest management program for
schoolsites consistent with Section 13181. In establishing the
program, the department shall:
(A) Develop criteria for identifying least-hazardous pest control
practices and encourage their adoption as part of an integrated pest
management program at each schoolsite.
(B) Develop a model program guidebook that prescribes essential
program elements for schoolsites that have adopted a least-hazardous
integrated pest management program. At a minimum, this guidebook
shall include guidance on all of the following:
(i) Adopting an IPM policy.
(ii) Selecting and training an IPM coordinator.
(iii) Identifying and monitoring pest populations and damage.
(iv) Establishing a community-based school district advisory
committee.
(v) Developing a pest management plan for making least-hazardous
pest control choices.
(vi) Contracting for integrated pest management services.
(vii) Training and licensing opportunities.
(viii) Establishing a community-based right-to-know standard for
notification and posting of pesticide applications.
(xi) Recordkeeping and program review.
(2) Make the model program guidebook available to schoolsites and
establish a process for systematically updating the guidebook and
supporting documentation.
(b) Commencing on January 1, 2014, all schoolsites shall adopt an
integrated pest management program consistent with Section 13181, as
established, administered, and enforced by the department.
(b)
(c) The department shall promote and
facilitate the voluntary adoption of integrated pest management
programs at child day care facilities, as defined in Section 1596.750
of the Health and Safety Code, through the following:
(1) Modifying the department's existing integrated pest management
program for schoolsites as described in subdivision (a) of
Section 13183 for the child day care setting.
(2) Creating or modifying existing educational and informational
materials on integrated pest management for the child day care
setting.
(3) Making the materials available to child day care facilities
and establishing a process for systematically updating them.
SEC. 4. 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.
SEC. 2. Section 17615 is added to the Education
Code, to read:
17615. (a) Commencing when funds are made available pursuant to
subdivision (i), 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 an alternative lower
risk method, it consults with the Department of Pesticide Regulation'
s school integrated pest management program staff, and the local
public health officer determines that a public health emergency
exists. School staff who use a highest risk pesticide shall submit a
pesticide use report in the same manner as contractors that use any
pesticide in accordance with the Healthy Schools Act of 2000 (Article
17 (commencing with Section 13180) of Chapter 2 of Division 7 of the
Food and Agricultural Code).
(b) For purposes of this section, "public school" has the same
meaning as "schoolsite" as defined in Section 17609.
(c) 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.
(d) The Department of Pesticide Regulation shall update its school
integrated pest management program Internet Web site maintained
pursuant to Section 13184 of the Food and Agricultural Code, for the
purpose of ease in identifying highest risk pesticides from the
pesticide use report data submitted by contractors in the most recent
fiscal year.
(e) (1) 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 pest problem to be addressed
cannot be effectively managed with a lower risk method, and it
consults with the Department of Pesticide Regulation's school
integrated pest management program staff, the local public health
officer determines that a public health emergency exists, and 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.
(2) Any use of highest risk pesticides must be identified on the
pesticide use reports, required by Section 13186 of the Food and
Agricultural Code, so that the Department of Pesticide Regulation
school integrated pest management program staff are able to easily
track school districts' use of exemption and highest risk pesticides.
The Department of Pesticide Regulation shall review school
integrated pest management program pesticide use reports on a
quarterly basis, or more frequently, and require representatives of
those school districts using highest risk pesticides to participate
in its integrated pest management training program within six months.
The department shall assist schools that have used highest risk
pesticides in effectively utilizing the department's integrated pest
management program Internet Web site, with its expansive links to
safer alternatives for pest problems, in accordance with the Healthy
Schools Act of 2000.
(3) Notification of exemption to use highest risk pesticide shall
be provided to parents or guardians of pupils enrolled at a
schoolsite in accordance with paragraph (2) of Section 17612. In
addition, notification must include the highest risk category of the
product used, the telephone numbers of the school integrated pest
management coordinator or designated appointee and the local county
public health officer, and the Internet Web site address for the
Department of Pesticide Regulation school integrated pest management
program. In addition, this notice shall also be provided to all staff
employed at the schoolsite where the pesticide will be applied.
(4) Each area of the schoolsite where the highest risk pesticide
will be applied shall be posted pursuant to subdivision (d) of
Section 17612. In addition, posting in both English and Spanish shall
include the toxicity category of the highest risk pesticide product
or products used and provide the following information:
(A) The telephone number of the school integrated pest management
coordinator or his or her designated appointee.
(B) The telephone number of the local county public health
officer.
(C) The Internet Web site for the Department of Pesticide
Regulation school integrated pest management program.
In addition, postings shall be placed in all likely points of
entry at distances no further than 20 feet apart if entry points are
wider than 40 feet. Postings shall be printed on paper that is at
least eight and one-half inches by 11 inches and placed in
unobstructed locations.
(f) 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.
(g) 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.
(h) This section does not preclude a school district from adopting
stricter pesticide use policies or from enforcing stricter policies
that have already been adopted.
(i) (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, 2012, and annually thereafter, set the amount of a fee on
manufacturers and brokers 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 and enforcing the Healthy Schools Act of 2010, and
reimburse local agencies and school districts for costs of
implementing this section.
(3) The Department of Pesticide Regulation shall develop and adopt
regulations to establish the amount of an adequate fee for purposes
of this section. The 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. 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 as defined in subdivision (c):
(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.