BILL ANALYSIS �
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UNFINISHED BUSINESS
Bill No: SB 1405
Author: DeSaulnier (D), et al.
Amended: 8/21/14
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
SENATE FLOOR : 34-0, 5/27/14
AYES: Anderson, Beall, Block, Cannella, Corbett, Correa, De
Le�n, DeSaulnier, Evans, Fuller, Gaines, Galgiani, Hancock,
Hernandez, Hill, Hueso, Huff, Jackson, Knight, Lara, Leno,
Mitchell, Monning, Morrell, Nielsen, Padilla, Pavley, Roth,
Steinberg, Torres, Vidak, Walters, Wolk, Wyland
NO VOTE RECORDED: Berryhill, Calderon, Lieu, Liu, Wright, Yee
ASSEMBLY FLOOR : 76-0, 8/27/14 - See last page for vote
SUBJECT : Pesticides: school sites
SOURCE : California Teamsters and Public Affairs Council
Center for Environmental Health
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DIGEST : This bill 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.
Assembly Amendments (1) clarify the definition of a
"schoolsite;" (2) make technical changes regarding the term
"school designee;" (3) ensure that the training requirement in
the bill counts under the continuing education requirement for
Licensed Pest Control Operators; and (4) add a coauthor.
ANALYSIS :
Existing law:
1.Establishes the Healthy Schools Act in the Education Code,
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.
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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
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 HSA 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
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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 HSA exempts from recordkeeping and notification requirements
pesticide products deployed in the 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 makes the following changes to the Education Code:
1.Defines "integrated pest management (IPM) plan" as a written
plan based on a template provided or approved by the DPR that
outlines a 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 Department
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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 US EPA
product registration number and the amount used, including
the unit of measurement; and
D. The date, time, and location of application.
1.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).
2.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
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.
3.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.
4.Requires the annual notice to all staff and parents or
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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.
5.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/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.
6.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
to the HSA. Specify that the training course may be applied
to his/her professional continuing education requirements
required by the Structural Pest Control Board or the DPR.
7.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.
This bill makes the following changes in the Food and
Agricultural Code:
8.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.
9.Specifies that for the purposes of the HSA, "IPM coordinator"
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has the same meaning as school designee or IPM coordinator, as
defined in the Education Code.
10.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.
11.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/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.
12.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.
13.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
to the HSA. Specifies that the training course may be applied
to his/her professional continuing education requirements
required by the Structural Pest Control Board or the DPR.
14.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.
This bill adds the following provision in the Business and
Professions Code:
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15.Requires, commencing July 1, 2016, a licensee to comply with
the training requirements of the 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 : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Assembly Appropriations Committee, annual
ongoing costs to 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.
SUPPORT : (Verified 8/27/14)
California Teamsters Public Affairs Council (co-source)
Center for Environmental Health (co-source)
Californians for Pesticide Reform
Committee for a Better Shafter
Communities for a New California
Delano Guardians
Greenfield Walking Group
Natural Resource Defense Council
Physicians for Social Responsibility (San Francisco Chapter)
Regional Asthma Management and Prevention
Rural Communities Resource Center
Structural Pest Control Board
OPPOSITION : (Verified 8/27/14)
California Safe schools
Department of Finance
Pest Control Operators of California
ASSEMBLY FLOOR : 76-0, 8/27/14
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AYES: Achadjian, Alejo, Allen, Ammiano, Bigelow, Bloom,
Bocanegra, Bonilla, Bonta, Bradford, Brown, Buchanan, Ian
Calderon, Campos, Chau, Ch�vez, Chesbro, Conway, Cooley,
Dababneh, Dahle, Daly, Dickinson, Donnelly, Eggman, Fong, Fox,
Frazier, Beth Gaines, Garcia, Gatto, Gomez, Gonzalez, Gordon,
Gorell, Gray, Grove, Hagman, Hall, Roger Hern�ndez, Holden,
Jones, Jones-Sawyer, Levine, Linder, Logue, Lowenthal,
Maienschein, Mansoor, Medina, Melendez, Mullin, Muratsuchi,
Nazarian, Nestande, Olsen, Pan, Patterson, Perea, John A.
P�rez, V. Manuel P�rez, Quirk, Quirk-Silva, Rendon,
Ridley-Thomas, Rodriguez, Salas, Skinner, Stone, Ting, Wagner,
Weber, Wieckowski, Wilk, Williams, Yamada
NO VOTE RECORDED: Harkey, Waldron, Atkins, Vacancy
PQ:e 8/27/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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