BILL NUMBER: SB 1157INTRODUCED BILL TEXT INTRODUCED BY Senator DeSaulnier FEBRUARY 18, 2010 An act to add Section 17615 to the Education Code, relating to pesticides. LEGISLATIVE COUNSEL'S DIGEST SB 1157, as introduced, DeSaulnier. Education: the Healthy Schools Act of 2010. (1) Existing law generally regulates pesticide use and requires the Department of Pesticide Regulation to promote and facilitate the voluntary adoption of integrated pest management by school districts. This bill, the Healthy Schools Act of 2010, would prohibit all public schools from using the most highly toxic pesticides, as listed, on school property. This bill would provide that its provisions would not apply to antimicrobial pesticides, products deployed in the form of a self-contained bait or trap, or as a crack and crevice treatment, agricultural uses, or activities undertaken by participants in agricultural vocational education, as specified. The bill would authorize the coordinator of the integrated pest management program, if the school district has established an integrated pest management program, or a school district designee, as defined, to authorize the use of the most highly toxic pesticides, as defined under certain circumstances. Because the bill would impose new duties on school districts, it would constitute a state-mandated local program. This bill would require all manufactures who sell any of the most highly toxic pesticides, as defined, in California, to pay an unspecified fee. The bill would establish the Healthy Schools Act of 2010 Fund. The bill would provide that moneys deposited in the fund from the fee be expended by the Director of Pesticide Regulation, upon appropriation by statute, for the purposes of the bill. (2) 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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. 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. (a) The Legislature hereby finds and declares all of the following: (1) Pesticides have been linked to numerous acute and chronic illnesses, including cancer and asthma. (2) Because children's bodies and brains are still developing, exposure to pesticides can have detrimental and irreversible effects. (3) A recent study reveals that female teachers have a significantly higher cancer rate compared to other women of the same age and race, including breast cancer, lymphoma, and leukemia, which previous studies have shown are linked to pesticides. (4) Recognizing the impact of pesticides on the school community, the Department of Pesticide Regulation has developed an Internet Web site, written training materials, and conducted regional training sessions to assist schools that have chosen to adopt least-toxic integrated pest management techniques and to eliminate use of the most dangerous pesticides. (5) However, many California public schools continue to use highly toxic pesticides. (6) It is necessary to take precautionary measures to protect the health and safety of California schoolchildren and teachers, and better ensure a safe learning and working environment. (b) This act shall be known, and may be cited as, the Healthy Schools Act of 2010. SEC. 2. Section 17615 is added to the Education Code, to read: 17615. (a) No public school may use the most highly toxic pesticides on school property. (b) For purposes of this section, "most highly toxic pesticides" means: (1) Pesticide products containing N-methyl-carbamate or neurotoxic organophosphorus compounds. (2) Pesticide products containing active ingredients rated by the United States Environmental Protection Agency as A or B carcinogens or substances listed as, known or likely carcinogens, known to be human carcinogens, likely to be human carcinogens, or suggestive of being human carcinogens, as described in the "List of Chemicals Evaluated for Carcinogenic Potential," or known to the state to cause cancer as listed pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). (3) Pesticide products containing active ingredients that cause birth defects, reproductive harm, or developmental harm as identified by the United States Environmental Protection Agency or listed pursuant to the California Safe Drinking Water Act (Chapter 4 (commencing with Section 116270) of Part 12 of Division 104 of the Health and Safety Code). (c) Pesticide products with high acute toxicity as defined by the United States Environmental Protection Agency in Toxicity Categories I and II, as defined in Part 156.62 of Title 40 of the Code of Federal Regulations, shall not be used unless the pest problem to be addressed cannot be effectively managed with a lower risk pesticide. (d) The coordinator of the integrated pest management program, if the school district has established an integrated pest management program, or the school district designee, as defined in subdivision (d) of Section 17609, may permit the use of a most highly toxic pesticide if all of the following conditions are met: (1) An emergency condition exists. (2) The use of the pesticide is the lowest risk method available to address the problem. (3) The use is limited to a specific application site. (4) Every effort shall be made to ensure that the application site is clear of pupils, staff persons, and other persons not directly involved in the use of the pesticide. (5) The application site shall be posted in accordance with subdivision (d) of Section 17612. (6) The school district shall include a list of the materials used under emergency conditions, under the heading "Emergency Use of Pesticides Banned Under AB" in the next annual notification of intended pesticide use, as required by subdivision (a) of Section 17612. (e) This section does not apply to any of the following: (1) Antimicrobial pesticides, including sanitizers and disinfectants. (2) Pesticide products deployed in the form of a self-contained bait or trap. (3) Gels or pastes deployed as crack and crevice treatment. (4) 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 of Division 4 of Title 2, if the activities are necessary to meet the curriculum requirements prescribed in Section 52454. Nothing in this subdivision relieves 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. (5) Agricultural uses. (f) This section does not abrogate the authority of county health officers, the Department of Food and Agriculture, mosquito and vector control districts, the State Department of Public Health, or other state agencies that are responsible for pest management decisions that may affect public schools in California. (g) This section does not preclude a school district from adopting stricter pesticide use policies or from enforcing stricter policies that have already been adopted. (h) (1) A fund is hereby established in the State Treasury to be known as the Healthy Schools Act of 2010 Fund. Moneys deposited in this fund may be expended by the Director of Pesticides Regulation upon appropriation by statute, for the purposes of implementing this section. (2) All manufacturers who sell any of the most highly toxic pesticides, as defined by this section in california shall pay a fee of ( $____ ) per year, to be deposited into the Healthy Schools Act of 2010 Fund, to defray costs of implementing this section. SEC. 3. If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.