Bill Text

Bill Information


PDF |Add To My Favorites |Track Bill | print page

SB-1398 Pesticides: agricultural use near schoolsites: notification and reporting.(2019-2020)

SHARE THIS:share this bill in Facebookshare this bill in Twitter
Date Published: 03/25/2020 09:00 PM
SB1398:v98#DOCUMENT

Amended  IN  Senate  March 25, 2020

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 1398


Introduced by Senator Jackson

February 21, 2020


An act to add Section 11503.7 to the Food and Agricultural Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


SB 1398, as amended, Jackson. Pesticides: agricultural use: reporting. use near schoolsites: notification and reporting.
Existing law authorizes the agricultural commissioner of a county to adopt regulations applicable in the county that are supplemental to those of the Director of Pesticide Regulation that govern the conduct of pest control operations and records and reports of those operations. Existing law authorizes the county agricultural commissioner to adopt regulations on the agricultural use of any pesticide for agricultural production within 1/4 mile of a school with respect to the timing, notification, and method of application.

This bill would state the intent of the Legislature to enact future legislation relating to the reporting of agricultural pesticide use near public schools and daycares.

This bill would additionally require a county agricultural commissioner to publicly post on its internet website the approval, denial, or postponement of the date of an application of a pesticide, as described, within ¼ of one mile of a schoolsite and would require the county agricultural commissioner to provide notice to the principal of any K–12 school at least 3 school days before the date of the application of the pesticide.
The bill would also require the Department of Pesticide Regulation to publish by April 1, 2021, and each year thereafter, a report for the prior calendar year that includes specified information and would require each county agricultural commissioner to report by August 1, 2021, and annually thereafter, to each impacted school district within the county the agricultural pesticide use that occurred in that county within ¼ of one mile of a schoolsite from the previous July 1 to June 30, inclusive, and any pesticide incident reports during that same time period. The bill would require that this information be posted on the county agricultural commissioner’s internet website and made available to the public.
The bill would also require the county agricultural commissioner to present, on an annual basis, a summary of their report to each impacted school district at a meeting of the board of that school district that was impacted by at least one incident documented within its jurisdiction. Because the bill would expand the duties of county agricultural commissioners, the bill would create a state-mandated local program.
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 the statutory provisions noted above.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   Local Program: NOYES  

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


SECTION 1.

 Section 11503.7 is added to the Food and Agricultural Code, to read:

11503.7.
 (a) For an application for the use of a pesticide classified pursuant to Section 6400 of Title 3 of the California Code of Regulations as a restricted material within one-quarter of one mile of a schoolsite, the commissioner of the county in which the schoolsite is located shall publicly post the approval, denial, or postponement of the date of the application of the pesticide.
(b) The commissioner shall provide notice to the principal of any K–12 school at least three school days before the date of the application of the pesticide.
(c) The department shall, by April 1, 2021, and each year thereafter, publish a report for the prior calendar year that includes all of the following information:
(1) All agricultural pesticide use within one-quarter and one-half of a mile of a schoolsite.
(2) Any and all violations of Sections 6690 to 6692, inclusive, of Title 3 of the California Code of Regulations.
(3) To the extent consistent with existing law, the racial composition of pupils attending a schoolsite with pesticide use within one-quarter of one mile of that schoolsite.
(4) Combinations of pesticides classified as restricted materials that are used with, or are in temporal and spatial proximity to, other restricted pesticides within one-quarter of one mile of a schoolsite.
(d) Each commissioner shall do both of the following:
(1) Report by August 1, 2021, and annually thereafter, to each impacted school district within the county the agricultural pesticide use that occurred in that county within one-quarter of one mile of a schoolsite from the previous July 1 to June 30, inclusive, and any pesticide incident reports during that same time period. This information shall also be posted on the commissioner’s internet website and made available to the public.
(2) Present, on an annual basis, a summary of their report to each impacted school district at a meeting of the board of that school district that was impacted by at least one incident documented within its jurisdiction.

SEC. 2.

 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.
SECTION 1.

It is the intent of the Legislature to enact future legislation relating to the reporting of agricultural pesticide use near public schools and daycares.