Senate Bill No. 1405

Introduced by Senator DeSaulnier

February 21, 2014

An act to amend Sections 17609, 17610, 17611, and 17612 of, and to add Sections 17611.5 and 17614 to, the Education Code, and to amend Sections 13181, 13182, 13183, and 13187 of, and to add Section 13186.5 to, the Food and Agricultural Code, relating to pesticides.

LEGISLATIVE COUNSEL’S DIGEST

SB 1405, as introduced, DeSaulnier. Pesticides: school facilities.

(1) Existing law, the Healthy Schools Act of 2000, requires each schoolsite to maintain records of all pesticide use at the schoolsite for a period of 4 years and to make these records available to the public upon request, as specified. Existing law authorizes a schoolsite to meet these requirements by retaining a copy of the warning sign posted for each pesticide application, as specified, and recording on the copy the amount of pesticide used. Existing law requires a schoolsite or school district to identify an individual, known as a school designee, to carry out the requirements of the act.

This bill, if a school chooses to use certain pesticides, would require the school designee, at the end of each school year, or more often at his or her discretion, to submit to the Director of Pesticide Regulation a copy of the records, as specified, of all pesticide use at the schoolsite. The bill, if a school chooses to use certain pesticides, would require the school designee to develop and post on the Internet Web site of the schoolsite an integrated pest management plan for the schoolsite or school district, except if the schoolsite does not maintain an Internet Web site, the school designee would be required to include the integrated pest management plan with a certain annual notification sent to parents or guardians of pupils enrolled at the schoolsite. The bill would authorize a school designee to do these things related to an integrated pest management plan if the school does not choose to use certain pesticides.

(2) Existing law requires the Department of Pesticide Regulation to promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites that voluntarily choose to do so, excluding privately operated child day care facilities. For these schoolsites, existing law requires the department to establish an integrated pest management program for schoolsites. Existing law, in establishing the program, requires the department to develop criteria for identifying least-hazardous pest control practices and encourage their adoption as part of an integrated pest management program at each schoolsite and develop a model program guidebook, as specified, that prescribes essential program elements for schoolsites that have adopted a least-hazardous integrated pest management program. Existing law provides that a violation of the laws, and the regulations adopted pursuant to those laws, relating to pesticides is generally a misdemeanor.

This bill would require the Department of Pesticide Regulation to develop a training program to train any person who plans to apply pesticides on a schoolsite, and would require the training program to cover the safe use of pesticides and integrated pest management. The bill would authorize the training program to be developed as a web-based training through a 3rd party. The bill would also require 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 the department or an agency authorized by the department. The bill would require the training to include safe pesticide use and integrated pest management. Because failure to complete the training would be a crime, the bill would impose a state-mandated local program.

(3) This bill would make conforming changes and various nonsubstantive changes.

(4) 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 no reimbursement is required by this act for a specified reason.

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.  

Section 17609 of the Education Code is amended
to read:

17609.  

The definitions set forth in this section govern the
construction of this article unless the context clearly requires
otherwise:

(a) “Antimicrobial” means those pesticides defined by the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec.
136(mm)).

(b) “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 begin insert , end insert and between
equipment and floors.

(c) “Emergency conditions” means any circumstances in which
the school designee or a property owner of a property where a
privately operated child day care facility is located, or the property
owner’s agent, deems that the immediate use of a pesticide is
necessary to protect the health and safety of pupils, staff, or other
persons, or the schoolsite.

begin insert

(d) “Integrated pest management plan” means a written plan
based on a template provided or approved by the Department of
Pesticide Regulation that outlines a strategy for integrated pest
management, as described in Section 13181 of the Food and
Agricultural Code.

end insert begin delete

(d)

end delete

begin insert (e) end insert  “School designee” begin insert or “IPM coordinator end insert begin insert ” end insert means the
individual identified by a schoolsite or school district to carry out
the requirements of this article at the schoolsite.

begin delete

(e)

end delete

begin insert (f) end insert  “Schoolsite” means 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.

SEC. 2.  

Section 17610 of the Education Code is amended to
read:

17610.  

(a) 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, in order to reduce
children’s exposure to toxic pesticides, shall take the necessary
steps, pursuant to Article 17 (commencing with Section 13180)
of Chapter 2 of Division 7 of the Food and Agricultural Code, to
facilitate the adoption of effective least toxic pest management
practices at schoolsites. It is the intent of the Legislature begin delete to
encourage appropriate training to be provided to end delete begin insert that all end insert school
personnel involved in the application of a pesticide at a schoolsite
begin insert be trained in the safe use of pesticides and integrated pest
management end insert .

(b) (1)  begin insert (A) end insert begin insert   end insert A property owner of a property where a child day
care facility is located, or the property owner’s agent, who
personally applies any pesticides on begin delete any end delete begin insert an end insert area listed in paragraph
(2) shall provide notice to the child day care facility as described
in paragraph (3) at least 120 hours before the application, unless
an emergency condition, as defined in Section 17609, exists.

begin delete

An

end delete

begin insert (B) end insert begin insert   end insert begin insert An end insert owner of property on which a child day care facility is
located shall be subject to the requirement to provide notice
pursuant to this subdivision 30 days after it has received notice
from a child day care facility of its presence at the property, unless
the property owner, or his or her agent begin insert , end insert received that notice
pursuant to paragraph (1) of subdivision (d) of Section 1597.40 of
the Health and Safety Code begin delete prior to end delete begin insert before end insert the effective date of
this subdivision in which case the property owner begin delete will end delete begin insert shall end insert be
subject to the notice requirements on and after the effective date
of this subdivision.

(2) This subdivision applies when a property owner or his or
her agent begin delete intend end delete begin insert intends end insert to personally apply pesticides on any of
the following:

(A) Inside the rented premises on which begin insert the end insert child day care
facility is located.

(B) Upon a designated child day care facility playground
designated by the property owner.

(C) Upon an area designated for use by the child day care
facility.

(D) Upon an area within 10 feet of the perimeter of the child
day care facility.

(3) The notice required by paragraph (1) shall include the
following:

(A) The product name.

(B) The manufacturer’s name.

(C) The active ingredients of each pesticide.

(D) The United States Environmental Protection Agency’s
product registration number.

(E) The intended date of application.

(F)  begin delete Those end delete begin insert The end insert areas of application listed in paragraph (2).

(G) The reason for application.

(4) A notice of pesticide application provided to a tenant
pursuant to subdivision (d) of Section 13186 of the Food and
Agricultural Code shall satisfy the notice requirements of this
section.

(5) If the child day care facility ceases to operate on the property,
the provisions of this act shall no longer apply to the property.

SEC. 3.  

Section 17611 of the Education Code is amended to
read:

17611.  

begin insert (a) end insert begin insert   end insert Each schoolsite shall maintain records of all
pesticide use at the schoolsite for a period of four years, and shall
make this information available to the public, upon request,
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code). A schoolsite may meet the requirements of
this section by retaining a copy of the warning sign posted for each
application required pursuant to Section 17612, and recording on
that copy the amount of the pesticide used.

begin insert

(b) (1) If a school chooses to use a pesticide not included within
Section 17610.5, at the end of each school year, or more often at
the discretion of a school designee, the school designee shall
submit to the Director of Pesticide Regulation a copy of the records
of all pesticide use at the schoolsite for the school year. The
records submitted to the Director of Pesticide Regulation, including
copies of the warning signs posted for each application required
pursuant to Section 17612, shall include all of the following:

end insert begin insert

(A) The name of a contact person for the schoolsite.

end insert begin insert

(B) The name and address of the schoolsite, or the department
code or licensed child day care facility number indicating if the
site is an elementary or secondary school facility, or a child day
care facility.

end insert begin insert

(C) The product name, manufacturer’s name, the federal
Environmental Protection Agency’s product registration number
and the amount used, including the unit of measurement.

end insert begin insert

(D) The date and areas of application and the targeted pest.

end insert begin insert

(2) The report submitted pursuant to paragraph (1) shall not
include pesticide use reported pursuant to subdivision (c) of Section
13186 of the Food and Agricultural Code.

end insert

SEC. 4.  

Section 17611.5 is added to the Education Code, to
read:

17611.5.  

(a) The school designee may develop and post on
the Internet Web site of the schoolsite an integrated pest
management plan for the schoolsite or the school district. If the
schoolsite does not maintain an Internet Web site, the school
designee may include the integrated pest management plan with
the annual notification sent to parents or guardians of pupils
enrolled at the schoolsite pursuant to Section 17612. The integrated
pest management plan shall include the name of the school
designee or IPM coordinator and include the pesticides applied at
the schoolsite by school employees and licensed pest control
applicators.

(b) If a school chooses to use a pesticide not included within
Section 17610.5, the school designee shall develop and post on
the Internet Web site of the schoolsite an integrated pest
management plan for the schoolsite or the school district. If the
schoolsite does not maintain an Internet Web site, the school
designee shall include the integrated pest management plan with
the annual notification sent to parents or guardians of pupils
enrolled at the schoolsite pursuant to Section 17612. The integrated
pest management plan shall include the name of the school
designee or IPM coordinator and include the pesticides applied at
the schoolsite by school employees and licensed pest control
applicators.

SEC. 5.  

Section 17612 of the Education Code is amended to
read:

17612.  

(a) The school designee shall annually provide to all
staff and parents or guardians of pupils enrolled at a schoolsite a
written notification of the name of all pesticide products expected
to be applied at the schoolsite during the upcoming year. The
notification shall identify the active ingredient or ingredients in
each pesticide product. The notice shall also contain the Internet
address used to access information on pesticides and pesticide use
reduction developed by the Department of Pesticide Regulation
pursuant to Section 13184 of the Food and Agricultural Code and
may contain other information deemed necessary by the school
designee. No other written notification of pesticide applications
shall be required by this act except as follows:

(1) In the written notification provided pursuant to this
subdivision, the school designee shall provide the opportunity for
recipients to register with the schoolsite if they wish to receive
notification of individual pesticide applications at the schoolsite.
Persons who register for notification shall be notified of individual
pesticide applications at least 72 hours begin delete prior to end delete begin insert before end insert the
application. The notice shall include the product name, the active
ingredient or ingredients in the product, and the intended date of
application.

(2) If a pesticide product not included in the annual notification
is subsequently intended for use at the schoolsite, the school
designee shall, consistent with this subdivision and at least 72
hours begin delete prior to end delete begin insert before end insert application, provide written notification of
its intended use.

(b) The school designee shall make every effort to meet the
requirements of this section in the least costly manner. Annual
notification by a school district to parents and guardians shall be
provided pursuant to Section 48980.3. Any other notification shall,
to the extent feasible and consistent with the act adding this article,
be included as part of any other written communication provided
to individual parents or guardians. begin delete Nothing in this end delete begin insert This end insert section
shall begin insert not end insert require the school designee to issue the notice through
first-class mail, unless he or she determines that no other method
is feasible.

(c) Pest control measures taken during an emergency condition
as defined in Section 17609 shall not be subject to the requirements
of paragraphs (1) and (2) of subdivision (a). However, the school
designee or property owner shall make every effort to provide the
required notification for an application of a pesticide under
emergency conditions.

(d) The school designee shall post each area of the schoolsite
where pesticides will be applied with a warning sign. The warning
sign shall prominently display the term “Warning/Pesticide Treated
Area” and shall include the product name, manufacturer’s name,
the United States Environmental Protection Agency’s product
registration number, intended date and areas of application, and
reason for the pesticide application. The warning sign shall be
visible to all persons entering the treated area and shall be posted
24 hours begin delete prior to end delete begin insert before end insert the application and remain posted until
72 hours after the application. In case of a pest control emergency,
the warning sign shall be posted immediately upon application
and shall remain posted until 72 hours after the application.

(e) Subdivisions (a) and (d) shall not apply to schools operated
by the Division of Juvenile Justice. The school administrator of a
school operated by the Division of Juvenile Justice shall notify the
chief medical officer of that facility at least 72 hours begin delete prior to end delete begin insert before end insert
application of pesticides. The chief medical officer shall take any
steps necessary to protect the health of pupils in that facility.

(f) This section and Section 17611 shall not apply to 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 begin insert of
Division 4 of Title 2 end insert , if the activities are necessary to meet the
curriculum requirements prescribed in Section 52454. begin delete Nothing in
this subdivision relieves end delete begin insert This subdivision does not relieve end insert 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.

(g) Sections 17610 to begin delete 17612, end delete begin insert 17614, end insert inclusive, shall not apply
to family day care homes or property owners of day care homes,
as defined in Section 1596.78 of the Health and Safety Code, or
their agents who personally apply any pesticides.

(h) If pesticide is applied by a property owner or his or her agent,
or by a pest control operator, failure to provide notice pursuant to
subdivision (b) of Section 17610 or subdivision (d) of Section
13186 of the Food and Agricultural Code shall relieve a privately
operated child day care facility from the requirements of this
section.

SEC. 6.  

Section 17614 is added to the Education Code, to read:

17614.  

A person, including a licensed pest control applicator,
who, in the course of his or her work intends to apply a pesticide
at a schoolsite subject to this article, shall annually complete a
training course provided by the Department of Pesticide Regulation
or an agent authorized by the Department of Pesticide Regulation.
The training shall include safe pesticide use and integrated pest
management.

SEC. 7.  

Section 13181 of the Food and Agricultural Code is
amended to read:

13181.  

begin insert (a) end insert begin insert   end insert Notwithstanding any other begin delete provision of end delete law, for
purposes of this article, “integrated pest management” means 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 nonchemical practices to make
the habitat less conducive to pest development, improving
sanitation, and employing mechanical and physical controls.
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 preestablished guidelines and treatment
thresholds. This definition shall apply only to integrated pest
management at school facilities and child day care facilities.

begin insert

(b) For purposes of this article “IPM coordinator” has the same
meaning as school designee or IPM coordinator, as those terms
are defined in subdivision (e) of Section 17609 of the Education
Code.

end insert

SEC. 8.  

Section 13182 of the Food and Agricultural Code is
amended to read:

13182.  

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, in order to reduce children’s
exposure to toxic pesticides, shall take the necessary steps, pursuant
to this article, to facilitate the adoption of effective least toxic pest
management practices at schoolsites. It is the intent of the
Legislature begin delete to encourage appropriate training to be provided to end delete
begin insert that all end insert school personnel involved in the application of pesticide
at a schoolsite begin insert be trained in the safe use of pesticides and integrated
pest management end insert .

SEC. 9.  

Section 13183 of the Food and Agricultural Code is
amended to read:

13183.  

(a) The begin delete Department of Pesticide Regulation end delete begin insert department end insert
shall promote and facilitate the voluntary adoption of integrated
pest management programs for schoolsites, excluding
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.

begin delete

(xi)

end delete

begin insert (ix) end insert  Recordkeeping and program review.

begin insert

(C) Develop a training program to train any person who intends
to apply pesticides on a schoolsite. The training program shall
cover the safe use of pesticides and integrated pest management.
The training program may be developed as a web-based training
provided through a third party.

end insert

(2) Make the model program guidebook available to schoolsites
and establish a process for systematically updating the guidebook
and supporting documentation.

(b) 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. 10.  

Section 13186.5 is added to the Food and Agricultural
Code, to read:

13186.5.  

A person hired to apply a pesticide at a schoolsite
subject to this article shall annually complete a training provided
by the department or an agent authorized by the department. The
training shall include safe pesticide use and integrated pest
management.

SEC. 11.  

Section 13187 of the Food and Agricultural Code is
amended to read:

13187.  

begin delete Section end delete begin insert Sections end insert 13186 begin insert and 13186.5 end insert shall not apply to
any agency signatory to a cooperative agreement with the State
Department of begin insert Public end insert Health begin delete Services end delete pursuant to Section 116180
of the Health and Safety Code.

SEC. 12.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.