A bill by Senator Mark DeSaulnier (D-Concord) to provide more stringent guidelines on the use of harmful, toxic pesticides in schools is headed to the Governor.
“Our young people deserve to be protected from harmful pesticides when they are at school,” Senator DeSaulnier said. “Families should be assured that their children are not exposed to pesticides unless absolutely necessary. SB 1405 will promote the usage of preventative measures at school sites that can lessen the need for toxic pesticides. If pesticides must be used on campuses, employees should receive the proper training to apply them in the safest manner possible.”
The National Academy of Sciences reports that children are more susceptible to chemicals than adults and estimates that 50 percent of lifetime pesticide exposure occurs at a young age.
Under SB 1405 school sites will report all pesticide use to the California Department of Pesticide Regulation. Current law only requires professional applicators to report their use. This bill also requires anyone—including school staff and professional pest control applicators—using pesticides on school sites to undergo an annual training on integrated pest management and the safe usage of pesticides.
An integrated pest management plan focuses on long-term preventative measures to solve pest problems with the least amount of hazards to people and the environment. SB 1405 requires school sites to have a written integrated pest management plan in place. This practice has already been successfully implemented by the Los Angeles Unified School District and Santa Clara Unified School District, without significant cost burdens.
This is Senator DeSaulnier’s third attempt to regulate the use of pesticides on school sites. He previously authored SB1157 in 2010 and SB 394 in 2011.
Here is a look at SB 1405:
LEGISLATIVE COUNSEL’S DIGEST
(3)
The people of the State of California do enact as follows:
SECTION 1.
Section 8593.2 is added to the Business and Professions Code, to read:
8593.2.
Commencing July 1, 2016, a licensee shall comply with the training requirements of the Healthy Schools Act of 2000 (Article 4 (commencing with Section 17608) of Chapter 5 of Part 10.5 of Division 1 of Title 1 of the Education Code and Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code) if the licensee intends to apply a pesticide at a schoolsite, as defined in subdivision (f) of Section 17609 of the Education Code. Courses completed in furtherance of the training requirements of the Healthy Schools Act of 2000 shall count toward the continuing education requirements of the board and shall qualify as continuing education in integrated pest management.
SECTION 1.SEC. 2.
Section 17609 of the Education Code is amended to read:
17609.
The definitions set forth in this section govern the construction of this article unless the context clearly requires otherwise:
SEC. 2.SEC. 3.
Section 17610 of the Education Code is amended to read:
17610.
(a) 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, in order to reduce children’s exposure to toxic pesticides, shall take the necessary steps, pursuant to Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code, to facilitate the adoption of effective least toxic pest management practices at schoolsites. It is the intent of the Legislature that all school personnel involved in the application of a pesticide at a schoolsite be trained in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
SEC. 3.SEC. 4.
Section 17611 of the Education Code is amended to read:
17611.
(a) Each schoolsite shall maintain records of all pesticide use at the schoolsite for a period of four years, and shall make this information available to the public, upon request, pursuant to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). A schoolsite may meet the requirements of this section by retaining a copy of the warning sign posted for each application required pursuant to Section 17612, and recording on that copy the amount of the pesticide used.
SEC. 4.SEC. 5.
Section 17611.5 is added to the Education Code, to read:
17611.5.
(a) The school designee may develop and post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan for the schoolsite or the school district. If neither the schoolsite nor the school district maintains an Internet Web site, the school designee may include the integrated pest management plan with the annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite pursuant to Section 17612. The integrated pest management plan shall include the name of the school designee or IPM coordinator, include the pesticides expected to be applied at the schoolsite by schoolsite or school district employees and hired pest control applicators, and include a date when the plan shall be reviewed and, if necessary, updated.
SEC. 5.SEC. 6.
Section 17612 of the Education Code is amended to read:
17612.
(a) The school designee shall annually provide to all staff and parents or guardians of pupils enrolled at a schoolsite a written notification of the name of all pesticide products expected to be applied at the schoolsite during the upcoming year. The notification shall identify the active ingredient or ingredients in each pesticide product. The notice shall also contain the Internet address used to access information on pesticides and pesticide use reduction developed by the Department of Pesticide Regulation pursuant to Section 13184 of the Food and Agricultural Code, the Internet address where the schoolsite integrated pest management plan may be found if the schoolsite has posted the plan, and may contain other information deemed necessary by the school designee. The notice shall also inform staff and parents and guardians of pupils enrolled at a schoolsite that they may view a copy of the integrated pest management plan in the schoolsite office. No other written notification of pesticide applications shall be required by this act except as follows:
SEC. 6.SEC. 7.
Section 17614 is added to the Education Code, to read:
17614.
(a) Commencing July 1, 2016, and except as provided in subdivision (b), the school designee, and any person, including, but not necessarily 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 subject to this article, shall annually complete a training course provided by the Department of Pesticide Regulation or an agent authorized by the Department of Pesticide Regulation. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
SEC. 7.SEC. 8.
Section 12996 of the Food and Agricultural Code is amended to read:
12996.
(a) Every person who violates any provision of this division relating to pesticides, or any regulation issued pursuant to a provision of this division relating to pesticides, is guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than five hundred dollars ($500) nor more than five thousand dollars ($5,000), or by imprisonment of not more than six months, or by both the fine and imprisonment. Upon a second or subsequent conviction of the same provision of this division relating to pesticides, a person shall be punished by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by imprisonment of not more than six months or by both the fine and imprisonment. Each violation constitutes a separate offense.
SEC. 8.SEC. 9.
Section 12999.4 of the Food and Agricultural Code is amended to read:
12999.4.
(a) In lieu of civil prosecution by the director, the director may levy a civil penalty against a person violating Sections 12115, 12116, 12671, 12992, 12993, Chapter 10 (commencing with Section 12400) of Division 6, Article 4.5 (commencing with Section 12841), Section 13186.5, Chapter 7.5 (commencing with Section 15300), or the regulations adopted pursuant to those provisions, of not more than five thousand dollars ($5,000) for each violation.
SEC. 9.SEC. 10.
Section 13181 of the Food and Agricultural Code is amended to read:
13181.
(a) Notwithstanding any other law, for purposes of this article, “integrated pest management” means 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 nonchemical 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 preestablished guidelines and treatment thresholds. This definition shall apply only to integrated pest management at school facilities and child day care facilities.
SEC. 10.SEC. 11.
Section 13182 of the Food and Agricultural Code is amended to read:
13182.
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, in order to reduce children’s exposure to toxic pesticides, shall take the necessary steps, pursuant to this article, to facilitate the adoption of effective least toxic pest management practices at schoolsites. It is the intent of the Legislature that all school personnel involved in the application of pesticides at a schoolsite be trained in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
SEC. 11.SEC. 12.
Section 13183 of the Food and Agricultural Code is amended to read:
13183.
(a) The department shall promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites, excluding privately operated child day care facilities, as defined in Section 1596.750 of the Health and Safety Code, that voluntarily choose to do so. For these schoolsites, the department shall do all of the following:
SEC. 12.SEC. 13.
Section 13186.5 is added to the Food and Agricultural Code, to read:
13186.5.
(a) Commencing July 1, 2016, and except as provided in subdivision (b), a school designee, as defined in Section 17609 of the Education Code, and any person applying person, including, but not necessarily limited to, a schoolsite or district employee, who, in the course of his or her work, intends to apply a pesticide at a schoolsite subject to this article, shall annually complete a training course provided by the department or an agent authorized by the department. The training course shall include integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children’s health.
SEC. 13.SEC. 14.
Section 13187 of the Food and Agricultural Code is amended to read:
13187.
Sections 13186 and 13186.5 shall not apply to any agency signatory to a cooperative agreement with the State Department of Public Health pursuant to Section 116180 of the Health and Safety Code.
SEC. 15.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.