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

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Date Published: 04/16/2018 09:00 PM
AB2816:v97#DOCUMENT

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 Sections 17610.2 and 17610.3 to and repeal Section 17614.5 of the Education Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


AB 2816, as amended, Muratsuchi. Pesticides: schoolsites.
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 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. If a public health officer determines that a public health emergency exists requiring emergency application of a pesticide, the bill would prohibit the pesticide from being sprayed, released, deposited, or applied indoors on a schoolsite while pupils are present or connected through the same ventilation system, or outdoors on a schoolsite while pupils are located in, on, or adjacent to the area of the pesticide application.

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 of the Healthy Schools Act of 2000 and related provisions, as specified, and that recommends whether one or more pesticides should be banned for use at schoolsites. The bill would require the department, when determining whether to ban a pesticide, to consult with specified entities and consider what alternative options to that pesticide are available, as provided.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: NOYES   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 of the provisions of Senate Bill 1405 (Chapter 848 of the Statutes of 2014).
(2) Recommends whether one or more pesticides should be banned for use at schoolsites.
(b) In determining whether a pesticide should be banned pursuant to subdivision (a), the Department of Pesticide Regulation shall do both of the following:
(1) Consider what options are available to schoolsites to address an infestation for which the pesticide being considered to be banned is used.
(2) Consult with appropriate 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.

SECTION 1.

This act shall be known, and may be cited, as the Healthy Schools Act of 2018.

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 diseases 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 use of the most dangerous pesticides. Many school districts and pest control operators have implemented integrated pest management programs that operate with greatly reduced use of pesticides. 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. One-third of school districts use at least one nonexempt pesticide, as measured by the report titled, 2010 Integrated Pest Management Survey of California School Districts, prepared for the Department of Pesticide Regulation. From 2004 to 2010, surveys indicated no change in the proportion of school districts that use those less desirable pesticide practices, and 61 percent of school districts that responded to the 2010 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, 56 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 over 10,000 schools in California serving over 6,200,000 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 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)For purposes of this section, “pesticide” does not include 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)If a local public health officer determines that a public health emergency exists requiring emergency application of a pesticide pursuant to subdivision (a), the pesticide shall not be sprayed, released, deposited, or applied indoors on the schoolsite 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)For purposes of this section, “pesticide” does not include 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)If a local public health officer determines that a public health emergency exists requiring emergency application of a pesticide pursuant to subdivision (a), the pesticide shall not be sprayed, released, deposited, or applied outdoors on the 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.