BILL ANALYSIS �
SB 1405
Page 1
SENATE THIRD READING
SB 1405 (DeSaulnier)
As Amended August 21, 2014
Majority vote
SENATE VOTE :34-0
EDUCATION 5-0 ENVIRONMENTAL SAFETY
7-0
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|Ayes:|Buchanan, Olsen, |Ayes:|Alejo, Dahle, Bloom, |
| |Gonzalez, Weber, Williams | |Donnelly, Gomez, |
| | | |Lowenthal, Ting |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Bigelow, | | |
| |Bocanegra, Bradford, Ian | | |
| |Calderon, Campos, | | |
| |Donnelly, Eggman, Gomez, | | |
| |Holden, Jones, Linder, | | |
| |Pan, Quirk, | | |
| |Ridley-Thomas, Wagner, | | |
| |Weber | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires, under the Healthy Schools Act of 2000 (HSA),
a school designee to post on the Internet Web site of a
schoolsite an integrated pest management plan if certain
pesticides are used at a schoolsite; requires reporting of
specified pesticide use at a schoolsite; and requires
individuals applying pesticides at schoolsites 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
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strategy for IPM.
2)Specifies that the definition of "schoolsite designee" also
applies to "IPM coordinator" and specifies that the schoolsite
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 HSA, or to
ensure that the requirements of the HSA are carried out.
3)Specifies that if a schoolsite chooses to use a pesticide that
is not exempt from the requirements of the HSA, 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 (EPA) product registration
number and the amount used, including the unit of
measurement; and,
d) The date, time, and location of application.
4)Specifies that the report required to be submitted in 3)
above, shall not include pesticide use already required to be
reported to the county agricultural commissioner or Director
or Pesticide Regulation pursuant to Food and Agricultural Code
Section 13186(c).
5)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 neither the schoolsite
nor school district maintains 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
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include the name of the school designee or IPM coordinator,
the pesticides expected to be applied at the schoolsite by
schoolsite or school district employees and hired pest control
applicators, and a date when the plan shall be reviewed, and
if, necessary, updated.
6)Specifies that if a schoolsite chooses to use a pesticide that
is not exempt from the requirements of the HSA, the designee
is required to post on the Internet Web site of the schoolsite
an IPM plan for the schoolsite or the school district. If
neither the schoolsite nor school district maintains an
Internet Web 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 or school district employees and hired
pest control applicators, and include a date when the plan
shall be reviewed, and, if necessary, updated.
7)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.
8)Requires, beginning July 1, 2016, the school designee and any
person, including, but not limited to, a pest control
applicator or schoolsite or school district 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.
9)Requires, commencing July 1, 2016, any person hired to apply a
pesticide at a schoolsite to complete at least a one-hour
training course in integrated pest management and the safe use
of pesticides in relation to the unique nature of schoolsites
and children's health before applying pesticides at a
schoolsite and during each subsequent licensing period in
which the person applies a pesticide at a schoolsite pursuant
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to the HSA. Specify that the training course may be applied
to his or her professional continuing education requirements
required by the Structural Pest Control Board or the DPR.
10)Specifies that the training course shall be developed by the
DPR and may also be developed by a provider approved by the
Structural Pest Control Board if the training course has been
approved by the DPR. Requires the DPR to ensure that the
training course it develops or approves meets the requirements
for continuing education credit required by the Structural
Pest Control Board and the DPR.
Makes the following changes in the Food and Agricultural Code
(FAC):
11)Specifies that the penalties prescribed for violations of the
HSA shall not apply to a person hired to apply pesticide at a
schoolsite required to complete a training course provided by
the DPR.
12)Specifies that for the purposes of the HSA, "IPM coordinator"
has the same meaning as school designee or IPM coordinator, as
defined in the Education Code.
13)Requires the DPR to develop a template for an IPM plan to be
used by schoolsites or school districts. Requires the
template to outline a strategy for IPM.
14)Requires the DPR to develop a training course to train any
person, including, but not limited to, a schoolsite or
district employee, who, in the course of his or her work,
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
an agent authorized by the DPR.
15)Requires, beginning July 1, 2016, a school designee, and any
person applying 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 course to
include IPM and the safe use of pesticides in relation to the
unique nature of schoolsites and children's health.
16)Requires, commencing July 1, 2016, any person hired to apply
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a pesticide at a schoolsite to complete at least a one-hour
training course in integrated pest management and the safe use
of pesticides in relation to the unique nature of schoolsites
and children's health before applying pesticides at a
schoolsite and during each subsequent licensing period in
which the person applies a pesticide at a schoolsite pursuant
to the HSA. Specify that the training course may be applied
to his or her professional continuing education requirements
required by the Structural Pest Control Board or the DPR.
17)Specifies that the training course shall be developed by the
DPR and may also be developed by a provider approved by the
Structural Pest Control Board if the training course has been
approved by the DPR. Requires the DPR to ensure that the
training course it develops or approves meets the requirements
for continuing education credit required by the Structural
Pest Control Board and the DPR.
Adds the following provision in the Business and Professions
Code:
18)Requires, commencing July 1, 2016, a licensee to comply with
the training requirements of the Healthy Schools Act of 2000
(HSA) if the licensee intends to apply a pesticide at a
schoolsite. Provide that courses completed in furtherance of
the training requirements of the HSA shall count toward the
continuing education requirements of the Structural Pest
Control Board and shall qualify as continuing education in
integrated pest management.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, annual ongoing costs to the DPR of approximately
$420,000 (Department of Pesticide Regulation Fund) to analyze
pesticide use data, develop an IPM template and provide
technical assistance and support of IPM plan development,
maintain and update pesticide hazard information, and provide
education, outreach and support for IPM programs and practices.
This estimate also includes $125,000 in ongoing contract costs
associated with provision of an online training course.
COMMENTS : The HSA, established by 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
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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.
IPM: Under current law, schools may voluntarily develop an IPM;
it is not a requirement. The HSA, specified 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 HSA
exempts certain pesticides from the requirements of the HSA,
including pesticide that is 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 EPA, or
antimicrobial pesticides, including sanitizers and
disinfectants. All other pesticides are commonly referred to as
"non-exempt pesticides".
This bill requires the schoolsite designee, which this bill
specifies as a school or school district employee, to post on
the school's Internet Web site an IPM plan if pesticides not
exempt from reporting and notification requirements 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 or district employees and hired pest control
applicators. The bill provides that if neither the schoosite
nor the school district maintains an Internet Web site, the
information shall 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.
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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 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 HSA, are used.
The information required to be reported must include, among
others, the product name, the manufacturer's name, the 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.
This bill requires the DPR to develop a training course to train
the school designee and any person applying pesticides on a
schoolsite. 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, beginning July 1, 2016, the school
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designee and anyone applying pesticide at a schoolsite to
complete the training course provided by the DPR on an annual
basis. This bill specifies that the training course may be
applied to professional continuing education requirements
imposed by the Structural Pest Control Board or the DPR. 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.
Opposition: Opponents of the bill, including California Safe
Schools, express concerns that the school designee, who can be
anybody at a schoolsite, is authorized to develop the IPM plan
without input from stakeholders. Opponents also express
concerns regarding the provision of training via video. While
videos are acceptable for providing posting and notification
information, videos should not be allowed to take the place of
hands-on pesticide application training, or pest control
techniques.
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087
FN:
0005173