BILL ANALYSIS �
SB 1405
Page 1
Date of Hearing: June 11, 2014
ASSEMBLY COMMITTEE ON EDUCATION
Joan Buchanan, Chair
SB 1405 (DeSaulnier) - As Amended: June 4, 2014
[Note: This bill is doubled referred to the Assembly
Environmental Safety and Toxic Materials Committee and will be
heard as it relates to issues under its jurisdiction.]
SENATE VOTE : 34-0
SUBJECT : Pesticides: school facilities
SUMMARY : Requires, under the Healthy Schools Act of 2000, a
school designee to post on the Internet Web site of a schoolsite
an integrated pest management (IPM) plan if certain pesticides
are used at a schoolsite; requires reporting of specified
pesticide use at a schoolsite; and requires specified
individuals to complete an annual training. Specifically, this
bill :
Makes the following changes in the Education Code:
1)Defines "integrated pest management (IPM) plan" as a written
plan based on a template provided or approved by the
Department of Pesticide Regulation (DPR) that outlines a
strategy for IPM.
2)Specifies that the definition of "school designee" also
applies to "IPM coordinator" and specifies that the school
designee or IPM coordinator means a school employee, rather
than an individual, identified by a schoolsite or school
district to carry out the requirements of the Healthy Schools
Act.
3)Modifies legislative intent encouraging appropriate training
be provided to school personnel involved in the application of
a pesticide and instead states the intent of the Legislature
that all school personnel involved in the application of a
pesticide at a schoolsite be trained in IPM and the safe use
of pesticides in relation to the unique nature of schoolsites
and children's health.
4)Specifies that if a schoolsite chooses to use a pesticide that
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is not exempt from the requirements of the Healthy Schools
Act, a school designee shall submit to the Director of
Pesticide Regulation a copy of the records of all pesticide
use at the schoolsite for the calendar year. Requires the
records to be submitted using a form prepared by the DPR
similar to an existing form devised by DPR. Requires the form
to include all of the following:
a) The name of a school designee for the schoolsite.
b) The name and address of the schoolsite or the California
Department of Education 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.
c) The product name, manufacturer's name, the United States
Environmental Protection Agency (U.S. EPA) product
registration number and the amount used, including the unit
of measurement.
d) The date, time, and location of application.
5)Specifies that the report required to be submitted in (4)
above shall not include pesticide use already required to be
reported to the county agricultural commissioner or Director
or Pesticide Regulation pursuant to Section 13186(c) of the
Food and Agricultural Code.
6)Authorizes the school designee to develop and post on the
Internet Web site of the schoolsite an IPM plan for the
schoolsite or the school district. If the schoolsite does not
maintain an Internet Web site, the school designee may include
the IPM plan with the annual notification of pesticide
products sent to staff and parents or guardians of pupils
enrolled at the schoolsite. The IPM plan shall include the
name of the school designee or IPM coordinator, include the
pesticides applied at the schoolsite by schoolsite employees
and hired pest control applicators, and include a date when
the plan shall be reviewed, and if, necessary, updated.
7)Specifies that if a schoolsite chooses to use a pesticide that
is not exempt from the requirements of the Healthy Schools
Act, the designee shall post on the Internet Web site of the
schoolsite an IPM plan for the schoolsite or the school
district. If the schoolsite does not maintain an Internet Web
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site, the school designee shall include the IPM plan with the
annual notification of pesticide products sent to staff and
parents or guardians of pupils enrolled at the schoolsite. The
IPM plan shall include the name of the school designee or IPM
coordinator, the pesticides applied at the schoolsite by
school employees and hired pest control applicators, and
include a date when the plan shall be reviewed, and, if
necessary, updated.
8)Requires the annual notice to all staff and parents or
guardians of pupils enrolled at a schoolsite to include the
Internet address where the schoolsite IPM plan may be found if
the school has posted the plan. The notice shall also inform
staff and parents or guardians that they may view a copy of
the IPM plan in the schoolsite office.
9)Requires, beginning July 1, 2016, the school designee and any
person, including, but not limited to, a pest control
applicator or schoolsite employee, who, in the course of his
or her work intends to apply a pesticide at a schoolsite, to
annually complete a training course provided by the DPR or an
agent authorized by the DPR. The training course shall include
IPM and the safe use of pesticides in relation to the unique
nature of schoolsites and children's health.
Makes the following changes in the Food and Agricultural Code :
10)Specifies that the penalties prescribed for violations of the
Healthy Schools Act shall not apply to a person hired to apply
pesticide at a schoolsite required to complete a training
course provided by the DPR.
11)Specifies that for the purposes of the Healthy Schools Act,
"IPM coordinator" has the same meaning as school designee or
IPM coordinator, as defined in the Education Code.
12)Requires the DPR to develop a template for an IPM plan to be
used by schoolsites. Requires the template to outline a
strategy for IPM.
13)Requires the DPR to develop a training course to train any
person who intends to apply pesticides on a schoolsite. The
training course shall cover IPM and the safe use of pesticides
in relation to the unique nature of schoolsites and children's
health. The training course shall be provided by the DPR or
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an agent authorized by the DPR.
14)Requires, beginning July 1, 2016, a school designee, and any
person hired to apply a pesticide at a schoolsite to annually
complete a training course provided by the DPR or an agent
authorized by the DPR. Requires the training to include IPM
and the safe use of pesticides in relation to the unique
nature of schoolsites and children's health.
EXISTING LAW :
1)Establishes the Healthy Schools Act of 2000 under the
Education Code and Food and Agricultural Code. 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 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. (Education Code
(EC) Section 17609)
2)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.
Expresses the intent of the Legislature to encourage
appropriate training to be provided to school personnel
involved in the application of a pesticide at a schoolsite.
(EC Section 17610 and Food and Agricultural Code (FAC) Section
13182)
3)Prohibits the use of a pesticide that has been granted
conditional registration, an interim registration or an
experimental use permit. (EC Section 17610.1)
4)Requires schools to keep records for four years of all
pesticides used at the schoolsite. (EC Section 17611)
5)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.
Requires schools to provide written notification at least 72
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hours prior to any application of pesticides that was not
included in the annual notification. Requires schools to post
a warning sign at each area of the schoolsite where pesticides
will be applied. Requires schools to provide the opportunity
for parents and staff to register to receive notification at
least 72 hours prior to a pesticide application. Exempts
agriculture vocational programs if the activity is necessary
to meet curriculum requirements. (EC Section 17612)
6)Specifies that the requirements to maintain records of all
pesticide use at a schoolsite for a period of four years
described in (4) above and the notification requirements
described in (5) above do not apply to a pesticide product
deployed in the form of a self-contained bait or trap, to gel
or paste deployed as a crack and crevice treatment, to any
pesticide exempted from regulation by the U.S. EPA, or to
antimicrobial pesticides, including hand sanitizers and
disinfectants. (EC Section 17610.5)
7)Defines "integrated pest management," 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. (FAC Section 13181)
8)Requires the DPR to promote and facilitate the voluntary
adoption of IPM programs for schools and child day care
facilities. (FAC Section 13183)
9)Requires the DPR to maintain a 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 integrated pest management practices.
(FAC Section 13184)
10)Requires the DPR to establish an IPM training program to
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facilitate the adoption of a model IPM program and
least-hazardous pest control practices by schools. (FAC
Section 13185)
11)Requires the 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. (FAC Section 13186)
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)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.
2)Ongoing contract costs of $125,000 from the Department of
Pesticide Regulation Fund (special) to administer an online
training course.
COMMENTS : Background . The Healthy Schools Act of 2000,
established pursuant to AB 2260 (Shelley), Chapter 718, Statutes
of 2000, expresses the policy of the state that least toxic pest
management practices are the preferred method of managing pests
at schoolsites in order to reduce children's exposure to toxic
pesticides. The bill established a process for notifying school
staff and parents or guardians of pesticide use, including
through posting warning signs at schoolsites 72 hours prior to
pesticide application and through an annual written
notification. The bill also required the DPR to assist schools
in the development of voluntary adoption of IPM programs that
include the development of a model program guidebook, resources
provided through the DPR's Internet Web site, and a training
program.
DPR survey of school participation in IPM . Since 2001, the DPR
has conducted periodic surveys of school districts to gauge the
level of compliance with the Healthy Schools Act and measure the
extent to which school districts have adopted IPM policies,
programs and practices. The last survey, conducted in 2010,
found that compliance the Healthy Schools Act is high, with
almost all districts responding to the survey reporting
compliance with posting of warning signs and written
notification of pesticide use. The survey also found that over
2/3 (68%) of survey respondents have adopted IPM programs.
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IPM. Under current law, schools may voluntarily develop an IPM;
it is not a requirement. The Healthy Schools Act, under the
FAC, defines IPM 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. 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 certain pesticides from the
requirements of the Act, including pesticide that is not in the
form of a self-contained bait or trap, gel or paste deployed as
a crack and crevice treatment, any pesticide exempted from
regulation by the U.S. EPA, or antimicrobial pesticides,
including sanitizers and disinfectants. All other pesticides
are commonly referred to as "non-exempt pesticides". According
to the DPR survey, 82-85% of school districts report the
continued use of at least one non-exempt pesticide.
This bill requires the school designee, which this bill
specifies as a school employee, to post on the school's Internet
Web site an IPM plan if pesticides not exempt from reporting and
notification requirements (e.g., are used. The bill requires
the IPM plan to include the name of the school designee or IPM
coordinator and identify the pesticides applied by school
employees and hired pest control applicators. The bill provides
that if a schoosite does not have an Internet Web site, the
information may be incorporated in the annual notification to
school staff and parents or guardians of pesticide products
planned to be used at the schoolsite in the upcoming year.
The bill does not directly require a schoolsite or school
district to develop an IPM, but an IPM must be developed in
order for a school designee to post the IPM on the Internet Web
site. The IPM plan posted on a school's Internet Web site can
be a schoolsite or district-level plan.
This bill also requires the DPR to develop a template for an IPM
plan that can be used by schoolsites. Staff recommends an
amendment to specify that the development of a template is for
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use by schoolsites or school districts.
Reporting . Under current law, each schoolsite is required to
maintain records of all pesticide use at the schoolsite for four
years. This bill requires the school designee to submit to the
Director of Pesticide Regulation a copy of the records of all
pesticide use at a schoolsite for a calendar year using a form
developed by the DPR, if pesticides that are not exempted from
reporting and notification requirements under the Healthy
Schools Act, are used. The information required to be reported
must include, among others, the product name, the manufacturer's
name, the U.S. EPA product registration number, the amount used,
and the date, time and location of application. It is unclear
what actions, if any, the Director of Pesticide Regulation is
expected to take with this information. According to the
author's office, the DPR is interested in getting school-level
data to better understand the trends in school pesticide use,
assess whether reports of illnesses or environmental problems
could be tied to pesticide use, and to assess the effectiveness
of the agency's outreach and trainings.
Training . Under current law, the DPA is required to promote and
facilitate the voluntary adoption of IPM programs for
schoolsites. The DPR complies with this requirement by
providing training that teaches basic IPM principles and
practices and has developed a variety of technical resources,
including a model IPM program guidebook, fact sheets on common
pests and IPM solutions, interactive training DVDs, and IPM
curricula. According to the DPR survey, DPR has provided
training to representatives of 84% of all school districts.
However, the representatives trained are not necessarily the
individuals applying pesticide.
This bill requires the DPR to develop a training course to train
the school designee and any person hired to apply pesticides on
a schoolsite. Staff recommends an amendment to clarify that the
training is for any person applying pesticides on a schoolsite,
and not just those hired to apply pesticides. The training
course must cover IPM and the safe use of pesticides at
schoolsites and around children. The training course must be
provided by the DPR or an agent authorized by the DPR.
This bill also requires the school designee and anyone,
including a hired pest control applicator or school staff,
applying pesticide to complete the training course provided by
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the DPR on an annual basis. Staff recommends an amendment to
include in the requirement for training a reference to "school
district employee" for districts that may have a centralized
maintenance division. The DPR indicates that it may need to
offer this training online, due to the vast number of people who
would be required to take this course.
School designees . According to the DPR, school districts often
appoint maintenance and operations directors, risk managers, or
business officers as designees or IPM coordinators. According
to the author's office and to DPR, designees are not expected to
carry out the requirements of the Healthy Schools Act him or
herself. Yet, the definition of "school designee" specifies
that the school designee, who is a school employee, carries out
the requirements of the Act. Staff recommends an amendment to
clarify that the "school designee" or "IPM coordinator" can also
be a "school district employee" who carries out the requirements
of the Healthy Schools Act or who "ensures" that the
requirements of the Act are carried out.
Should the Healthy Schools Act apply to charter schools?
Concerns have been expressed that The Healthy Schools Act does
not currently apply to charter schools. Given that this is a
health and safety issue, staff recommends an amendment to expand
the requirements of the Healthy Schools Act to charter schools.
Arguments in support . The author states, "Children are more
vulnerable to pesticide exposure than adults: they have
relatively greater skin surface and breathing rates, and their
behavior puts them in greater contact with contaminated
surfaces. Children are also more susceptible to pesticides
because their bodies are growing and developing. As the U.S.
Environmental Protection Agency states: 'There are 'critical
periods' in human development when exposure to a toxin can
permanently alter the way an individual's biological system
operates.' While many schools are on the way to adopting IPM
practices, some others are lagging behind. Unfortunately,
highly toxic pesticides are still being used in and around
California schools and incidents of toxic pesticide exposure in
schools go unreported, indicating the importance for all schools
and child day care facilities to adopt IPM policies and
practices."
Expressed concerns. A number of correspondences have been
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received expressing concerns with the bill. The concerns mainly
focus on a request to establish qualifications for the school
designee and requiring the IPM plans to be adopted with input
from the school community.
Previous legislation . SB 394 (DeSaulnier), held in the Senate
Appropriations Committee suspense file in 2011, would have
prohibited any pesticide that is not a gel or paste deployed as
crack and crevice treatment, a self-contained bait or spot
treatment to be used on schoolsites, and required all schools to
send at least one person to one DPR training at least once every
three years.
SB 1157 (DeSaulnier) would have required the adoption of an IPM
program by all schools and required the DPR to reimburse school
districts for the costs of IPM training. The bill was vetoed by
Governor Schwarzenegger in 2010 with the following veto message:
"While currently voluntary in state law, I support the
policy of implementing
integrated pest management programs at schools to the
greatest extent possible. Unfortunately, I cannot support
paying for this school program out of an
alternative fund at DPR. To do so would start a dangerous
precedent for finding unrelated revenue sources to fund,
expand, or create K-12 programs outside of the Proposition
98 guarantee."
AB 2865 (Torrico), Chapter 865, Statutes of 2006, expanded the
Healthy Schools Act to include private child care facilities.
AB 2260 (Shelley), Chapter 718, Statutes of 2000, established
the Healthy Schools Act of 2010.
REGISTERED SUPPORT / OPPOSITION :
Support
California Teamster Public Affairs Council (co-sponsor)
Center for Environmental Health (co-sponsor)
Natural Resources Defense Council
Pesticide Action Network
San Francisco Bay Area Physicians for Social Responsibility
Several individuals
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Opposition
None on file
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087