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AB-2816 Pesticides: schoolsites: report.(2017-2018)

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Date Published: 04/26/2018 09:00 PM
AB2816:v96#DOCUMENT

Amended  IN  Assembly  April 26, 2018
Amended  IN  Assembly  April 16, 2018
Amended  IN  Assembly  March 22, 2018

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill No. 2816


Introduced by Assembly Member Muratsuchi

February 16, 2018


An act to add and repeal Section 17614.5 of the Education Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


AB 2816, as amended, Muratsuchi. Pesticides: schoolsites. schoolsites: report.
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. Existing law requires 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 program and least-hazardous pest control practices by schoolsites and requires certain persons who, in the course of their work, intend to apply a pesticide at a schoolsite to annually complete a training course provided by that department.
This bill would require the department to submit a report to the Legislature on or before January 1, 2020, that evaluates the implementation and effect of certain provisions implementation, and the effect of the implementation, of the Healthy Schools Act of 2000 and related provisions, as specified, and that recommends whether the restriction or prohibition of the use of one or more pesticides should be banned for use at schoolsites. at schoolsites should be considered. The bill would require the department, when determining whether to ban a pesticide, to consult to recommend that the use of a pesticide be restricted or prohibited, to, among other things, consult, as appropriate, with specified entities and consider what alternative options to that alternatives to the pesticide are available, as provided. available to schoolsites.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 17614.5 is added to the Education Code, to read:

17614.5.
 (a) On or before January 1, 2020, the Department of Pesticide Regulation shall submit a report to the Legislature that does both of the following:
(1) Evaluates the implementation and effect implementation, and the effect of the implementation, of the provisions of Senate Bill 1405 (Chapter 848 of the Statutes of 2014). the Healthy Schools Act of 2000, as set forth in this article and Article 17 (commencing with Section 13180) of Chapter 2 of Division 7 of the Food and Agricultural Code.
(2) Recommends whether the restriction or prohibition of the use of one or more pesticides should be banned for use at schoolsites. at schoolsites should be considered.
(b) In determining whether to recommend that the use of a pesticide should be banned be restricted or prohibited pursuant to subdivision (a), the Department of Pesticide Regulation shall do both all of the following:
(1) Consider the potential health impacts of exposure to the pesticide to pupils, staff, and school visitors.
(2) Consider the potential environmental impacts of the use of the pesticide, including, but not limited to, the impact on nontarget wildlife.

(1)

(3) Consider what options alternatives to the pesticide are available to schoolsites to address an infestation for which the pesticide being considered to be banned is used. schoolsites.

(2)Consult with appropriate

(4) Consult, as appropriate, with relevant local, state, or federal agencies, stakeholders, and experts.
(c) The report required pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code.
(d) This section shall become inoperative on July 1, 2020, and, as of January 1, 2021, is repealed.