California Senate Bill SB394 Latest Draft

 BILL NUMBER: SB 394AMENDED BILL TEXT AMENDED IN SENATE JANUARY 10, 2012 AMENDED IN SENATE MAY 9, 2011 AMENDED IN SENATE APRIL 14, 2011 AMENDED IN SENATE APRIL 5, 2011 INTRODUCED BY Senator DeSaulnier FEBRUARY 16, 2011 An act to  amend Section 13185 of the Food and Agricultural Code   add Sections 17610.2 and 17610.3 to the Education Code  , relating to the Healthy Schools Act of  2011   2012  . LEGISLATIVE COUNSEL'S DIGEST SB 394, as amended, DeSaulnier. Healthy Schools Act of  2011.   2012.  Existing law, the Healthy Schools Act of 2000, requires that the preferred method of managing pests at schoolsites, as defined, is to use effective, least-toxic pest management practices and requires schoolsites to maintain records of all pesticides used at the schoolsite for a period of 4 years. Existing law requires schools to provide all staff and parents or guardians of pupils enrolled at a school written notification of, among other things, expected pesticide use at that schoolsite. These provisions also require the Department of Pesticide Regulation to establish an integrated pest management training program in order to facilitate the adoption of a model  Integrated Pest Management   integrated pest management  program and least-hazardous pest control practices by schoolsites. This bill would enact the Healthy Schools Act of  2011. The bill would require all schoolsites, as defined and except as specified, to send at least one person to one of the Department of Pesticide Regulation trainings at least once every 3 years. Because this provision would impose additional duties on local public employees, the bill would impose a state-mandated local program. The bill would further authorize a person from a single school district to attend the training on behalf of multiple schoolsites within that school district.   2012. The bill would prohibit the indoor and outdoor use of pesticides on a schoolsite,   except as specified, unless a local public health officer determines that a public health emergency exists requiring emergency application of a pesticide.   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   no  . State-mandated local program:  yes   no  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. This act shall be known and may be cited as the Healthy Schools Act of  2011   2012  . SEC. 2. The Legislature hereby finds and declares all of the following: (a) Pesticides have been linked to numerous acute and chronic illnesses, including cancer and asthma. (b) According to the federal Centers for Disease Control and Prevention, children between 6 and 11 years of age have higher levels of commonly used pesticides in their bodies than any other age group, with an average of six pesticides per child. According to research conducted by the University of California, San Francisco, children's disease and conditions linked to pesticide exposure, which include learning disabilities, cancer of the brain and leukemia, birth defects, and asthma, have increased dramatically over the past 30 years. Because children's bodies and brains are still developing, exposure to pesticides can have irreversible detrimental effects. Our greatest care and caution in the use of pesticides should be employed when children are present. (c) 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 the use of the most dangerous pesticides. Many school districts and pest control operators have implemented  Integrated Pest Management (IPM)   integrated pest management  programs that operate with greatly reduced use of pesticides.  We desire that children attend schools with IPM programs functioning at a high level.   Many schools, maintenance staff, and pest control operators have made substantial progress since 2000 in reducing the use of pesticides on school campuses.  (d) However, many California public schools continue to use highly toxic pesticides. Least-toxic pest management activities have actually decreased from 2004 to 2007, inclusive, as measured by the report titled 2007 Integrated Pest Management Survey of California School Districts, prepared for the Department of Pesticide Regulation. Forty-two percent of school districts that responded to the survey stated that they were still broadcast spraying pesticides, one of the highest risk practices for exposing children and staff and contaminating the environment. Of the school districts that claimed to be implementing integrated pest management practices, 62 percent stated that the costs were the same or less than using chemical-intensive methods. (e) According to the State Department of Education, there are over 1,000 school districts, and about 9,900  school sites   schoolsites  in California servicing over 6,000,000 pupils. (f) 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.  SEC. 3.   Section 13185 of the Food and Agricultural Code is amended to read: 13185. (a) The department shall establish an integrated pest management training program in order to facilitate the adoption of a model IPM program and least-hazardous pest control practices by schoolsites. All schoolsites, as defined in Section 17609 of the Education Code, excluding family day care homes, as defined in Section 1596.78 of the Health and Safety Code, shall send at least one person to one of the department trainings at least once every three years. The person from a single school district may attend the training on behalf of multiple schoolsites within that school district. In establishing the IPM training program, the department shall do all of the following: (1) Adopt a "train-the-trainer" approach, whenever feasible, to rapidly and broadly disseminate program information. (2) Develop curricula and promote ongoing training efforts in cooperation with the University of California and the California State University. (3) Prioritize outreach on a regional basis first and then to school districts. For outreach to child day care facilities, the department shall participate in existing trainings that provide opportunities for disseminating program information broadly on a regional basis. (b) Nothing in this article shall preclude a schoolsite from adopting stricter pesticide use policies.   SEC. 4.   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.   SEC. 3.  Section 17610.2 is added to the   Education Code   , to read:   17610.2. (a) The indoor use of a pesticide on a schoolsite, excluding family day care homes, as defined in Section 1596.78 of the Health and Safety Code, is prohibited unless a local public health officer determines that a public health emergency exists requiring emergency application of a pesticide. (b) This section does not apply to any of the following: (1) Antimicrobial pesticides and products. (2) Rodent bait used in a tamper-resistant, secured container. (3) Ready-to-use gel formulations of insecticide applied in areas inaccessible to pupils and the general public. (4) Insect bait used in a tamper-resistant container, or placed in an area inaccessible to pupils and the general public. (5) Pesticides classified by the federal Environmental Protection Agency as exempt under Section 152.25 of Title 40 of the Code of Federal Regulations. (6) Boric acid and disodium octaborate tetrahydrate. (7) Horticultural soaps and oils containing no synthetic pesticides or synergists and exempt under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136w(b)). (c) No pesticide shall be sprayed, released, deposited, or applied indoors while pupils are present or connected through the same ventilation system. (d) 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. (e) This section does not preclude a school district from adopting or enforcing stricter pesticide use policies.   SEC. 4.   Section 17610.3 is added to the   Education Code   , to read:   17610.3. (a) The outdoor use of a pesticide on a schoolsite, excluding family day care homes, as defined in Section 1596.78 of the Health and Safety Code, is prohibited unless a local public health officer determines that a public health emergency exists requiring emergency application of a pesticide. (b) This section does not apply to any of the following: (1) Antimicrobial pesticides and products. (2) An aerosol product exempt under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136w(b)) with a direct spray, in a container of 18 fluid ounces or less, when used to protect individuals from an imminent threat from stinging and biting arthropods. (3) Insect or rodent bait used in a tamper-resistant, secured container. (4) Pesticides classified by the federal Environmental Protection Agency as exempt under Section 152.25 of Title 40 of the Code of Federal Regulations. (5) Boric acid and disodium octaborate tetrahydrate. (6) Horticultural soaps and oils containing no synthetic pesticides or synergists and exempt under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136w(b)). (7) Activities undertaken at a school by participants in the state program of agricultural career technical 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 career technical education of any duties pursuant to this section for activities that are not directly related to the curriculum requirements of Section 52454. (8) Agricultural uses. (c) No pesticide shall be sprayed, released, deposited, or applied outdoors on a schoolsite while pupils are located in, on, or adjacent to the area of the pesticide application. (d) 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. (e) This section does not preclude a school district from adopting or enforcing stricter pesticide use policies.