BILL ANALYSIS �
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1405|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: SB 1405
Author: DeSaulnier (D), et al.
Amended: 4/21/14
Vote: 21
SENATE EDUCATION COMMITTEE : 8-0, 4/2/14
AYES: Liu, Wyland, Correa, Galgiani, Hancock, Hueso, Huff,
Monning
NO VOTE RECORDED: Block
SENATE ENVIRONMENTAL QUALITY COMMITTEE : 7-0, 4/30/14
AYES: Hill, Gaines, Fuller, Hancock, Jackson, Leno, Pavley
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Pesticides and integrated pest management
SOURCE : California Teamsters and Public Affairs Council
Center for Environmental Health
DIGEST : This bill requires any school that uses a pesticide
other than a self-contained trap, gel or paste crevice treatment
or anti-microbial pesticides to develop an integrated pest
management (IPM) plan and requires any person who applies
pesticides at a schoolsite to annually complete a training
course that includes safe pesticide use and IPM.
CONTINUED
SB 1405
Page
2
ANALYSIS :
Existing law:
1.Establishes the Healthy Schools Act in the Education Code
(ED), which among other things:
A. Provides that 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 shall take the necessary steps to facilitate
the adoption of effective least toxic pest management
practices at schools.
B. Requires schools to annually provide a written notice to
staff and parents with the name of all pesticide products
expected to be applied at the school during the upcoming
year.
C. Requires schools to provide written notification at
least 72 hours prior to any application of pesticides that
was not included in the annual notification.
D. Requires schools to provide the opportunity for parents
and staff to register to receive notification at least 72
hours prior to individual pesticide applications.
E. Requires schools to post a warning sign at each area of
the schoolsite where pesticides will be applied.
F. Requires schools to keep records for four years of all
pesticides used at the schoolsite.
G. Prohibits the use of a pesticide that has been granted
conditional registration, an interim registration or an
experimental use permit.
H. Exempts agriculture vocational programs if the activity
is necessary to meet curriculum requirements.
I. Defines "schoolsite" as any facility used for K-12
school purposes or for child care (including day care
centers, employer- sponsored child care centers, but
CONTINUED
SB 1405
Page
3
excludes family day care homes). The term includes the
buildings or structures, playgrounds, athletic fields,
vehicles, or any other area of property visited or used by
students. "Schoolsite" does not include any postsecondary
educational facility attended by secondary pupils or
private K-12 facilities.
1.Establishes the Healthy Schools Act in the Food and
Agriculture Code (FAC) which among other things:
A. Requires the Department of Pesticide Regulation (DPR) to
promote and facilitate the voluntary adoption of IPM
programs for schools and child day care facilities.
B. Requires DPR to maintain an Internet Web site with
specific information, and requires DPR to ensure that
adequate resources are available to respond to inquiries
from schools regarding the use of IPM practices.
C. Requires DPR to establish an IPM training program to
facilitate the adoption of a model IPM program and
least-hazardous pest control practices by schools.
D. Requires DPR to prepare a school pesticide use form to
be used by licensed and certified pest control operators
when they apply any pesticides at a school.
E. Defines "IPM," applicable to schools and child care
facilities, as 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 non-chemical practices to make the habitat less
conducive to pest development, improving sanitation, and
employing mechanical and physical controls. This
definition further states that 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 pre-established guidelines and
treatment thresholds.
The Healthy Schools Act exempts from recordkeeping and
notification requirements pesticide products deployed in the
CONTINUED
SB 1405
Page
4
form of a self-contained bait or trap, a gel or paste deployed
as a crack and crevice treatment, anti-microbial pesticides
(including sanitizers and disinfectants), and pesticides exempt
from regulation by the United States Environmental Protection
Agency (US EPA).
This bill amends the Healthy Schools Act as follows:
1)If a school chooses to use certain pesticides,
a. Requires the school designee, at the end of each
year, or more often at his or her discretion, to submit
to DPR a copy of the records, as specified, of all
pesticide use at the schoolsite.
b. Requires the school designee to develop and post on
the website of the schoolsite an IPM plan for the
schoolsite or school district. If the schoolsite does
not maintain a website, the school designee would be
required to include the IPM plan with a certain annual
notification sent to staff and parents or guardians of
pupils enrolled at the schoolsite.
2)Authorizes a school designee to do these things related to an
IPM plan if the schoolsite does not choose to use certain
pesticides.
3)Requires DPR to develop a training course to train any person
who plans to apply pesticides on a schoolsite, and would
require the training program to cover IPM and the safe use of
pesticides in relation to the unique nature of schoolsites and
children's health.
4)Requires the training course to be provided by DPR or an agent
authorized by the DPR.
5)Requires 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 DPR or
an agent authorized by DPR.
6)Requires the training to include IPM and the safe use of
pesticides in relation to the unique nature of schoolsites and
children's health.
CONTINUED
SB 1405
Page
5
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Ongoing annual costs of up to $290,000 from the DPR Fund
(special) to DPR for the increased database, IPM plan
development support, outreach workload, and development of a
training course.
Ongoing contract costs of $125,000 from the DPR Fund (special)
to administer an online training course.
SUPPORT : (Verified 5/23/14)
California Teamsters Public Affairs Council (co-source)
Center for Environmental Health (co-source)
California Federation of Teachers
Californians for Pesticide Reform
Rural Communities Resource Center
OPPOSITION : (Verified 5/23/14)
Coalition for Adequate School Housing
PQ:ek 5/25/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****
CONTINUED