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SB-86 Public health: pesticide: chlorpyrifos.(2019-2020)

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Date Published: 06/11/2019 09:00 PM
SB86:v96#DOCUMENT

Amended  IN  Assembly  June 11, 2019
Amended  IN  Senate  May 01, 2019
Amended  IN  Senate  March 20, 2019

CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Senate Bill
No. 86


Introduced by Senator Portantino Durazo
(Principal coauthor: Assembly Member Friedman)

January 10, 2019


An act to amend Section 32282 of the Education Code, relating to school safety. An act to add Chapter 3.5 (commencing with Section 105240) to Part 5 of Division 103 of the Health and Safety Code, relating to pesticides.


LEGISLATIVE COUNSEL'S DIGEST


SB 86, as amended, Portantino Durazo. School safety: lockdown and multioption response drills. Public health: pesticide: chlorpyrifos.
Existing law regulates the use of pesticides and authorizes the Director of Pesticide Regulation to adopt regulations to govern the possession, sale, or use of specified pesticides, as prescribed. Existing law requires the director to designate and establish a list of restricted materials based upon, but not limited to, specified criteria, including the danger of impairment to public health, as provided. Existing law authorizes the director to adopt regulations that prohibit the use or possession of a restricted material in certain areas or under certain conditions. Existing law restricts the use of certain herbicides, pesticides, and compounds, including 2,4-dichlorophenoxyacetic acid and sodium fluoroacetate, subject to regulations adopted by the director.
This bill, commencing June 1, 2021, would prohibit the use of a pesticide that contains the active ingredient chlorpyrifos.

Existing law requires every person and public officer managing, controlling, or in charge of any public, private, or parochial school, other than a 2-year community college, to cause the fire alarm signal to be sounded not less than once every calendar month and is required to conduct a fire drill at least once every calendar month at the elementary level, at least 4 times every school year at the intermediate levels, and at least twice every school year at the secondary level.

The Interagency School Safety Demonstration Act of 1985 requires school districts and county offices of education to be responsible for the overall development of all comprehensive school safety plans for its schools operating kindergarten or any of grades 1 to 12, inclusive. Existing law requires the plan to include specified components, including procedures for conducting tactical responses to criminal incidents.

This bill would require, commencing with the 2020–21 school year, the comprehensive school safety plan to also include procedures requiring a lockdown drill or a multioption response drill, as defined, to be conducted in an age-appropriate manner at least once per school year at each school, as provided. By imposing new duties on school districts and county offices of education, the bill would impose 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: YESNO   Local Program: YESNO  

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


SECTION 1.

 The Legislature finds and declares all of the following:
(a) Scientific research has played an important role in informing and advancing public policy in many areas, including health, education, and early childhood development.
(b) Scientific research has identified early childhood as a critical period of intervention during which children develop the foundation for educational achievement. Young children are especially vulnerable to environmental contaminants and toxic stress.
(c) Chlorpyrifos and other organophosphate pesticides affect the nervous system through inhibition of cholinesterase, an enzyme required for proper nerve functioning. Acute poisoning occurs when nerve impulses pulsate through the body, causing symptoms such as nausea, vomiting, convulsions, respiratory paralysis, and, in extreme cases, death.
(d) There is substantial scientific evidence, including from epidemiological studies, that chlorpyrifos threatens the healthy development of children. Chlorpyrifos is acutely toxic and associated with neurodevelopmental harm in children. Prenatal and early life exposure to chlorpyrifos is associated with elevated risks of reduced IQ, loss of working memory, delays in motor development, attention deficit disorders, and structural changes in the brain.
(e) Children and pregnant women can be exposed to chlorpyrifos through residues on food, contaminated drinking water, and toxic spray drift from nearby pesticide applications. Exposure during pregnancy to even low levels of chlorpyrifos that caused only minimal cholinesterase inhibition (10 percent or less) in mothers can lead to measurable long-lasting and possibly permanent neurobehavioral and functional deficits in prenatally exposed children.
(f) Children experience greater exposure to chlorpyrifos and other pesticides because, relative to adults, they eat, drink, and breathe more in proportion to their body weight. A growing body of evidence shows that prenatal exposure to very low levels of chlorpyrifos can lead to lasting and possibly permanent neurological impairments.
(g) On May 8, 2019, the Secretary for Environmental Protection announced that the Department of Pesticide Regulation would begin the process of canceling registrations for pesticide products containing chlorpyrifos, in accordance with Section 12825 of the Food and Agricultural Code.

SEC. 2.

 Chapter 3.5 (commencing with Section 105240) is added to Part 5 of Division 103 of the Health and Safety Code, to read:
CHAPTER  3.5. Chlorpyrifos

105240.
 This chapter shall be known, and may be cited, as the Protect Children from Brain-Damaging Chlorpyrifos Act of 2019.

105241.
 For purposes of this chapter, “pesticide” has the same meaning specified in Section 12753 of the Food and Agricultural Code.

105242.
 Commencing June 1, 2021, it is unlawful for a person to use a pesticide that contains the active ingredient chlorpyrifos in California.

SECTION 1.Section 32282 of the Education Code is amended to read:
32282.

(a)The comprehensive school safety plan shall include, but not be limited to, both of the following:

(1)Assessing the current status of school crime committed on school campuses and at school-related functions.

(2)Identifying appropriate strategies and programs that will provide or maintain a high level of school safety and address the school’s procedures for complying with existing laws related to school safety, which shall include the development of all of the following:

(A)Child abuse reporting procedures consistent with Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code.

(B)Disaster procedures, routine and emergency, including adaptations for pupils with disabilities in accordance with the federal Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12101 et seq.). The disaster procedures shall also include, but not be limited to, both of the following:

(i)Establishing an earthquake emergency procedure system in every public school building having an occupant capacity of 50 or more pupils or more than one classroom. A school district or county office of education may work with the Office of Emergency Services and the Alfred E. Alquist Seismic Safety Commission to develop and establish the earthquake emergency procedure system. The system shall include, but not be limited to, all of the following:

(I)A school building disaster plan, ready for implementation at any time, for maintaining the safety and care of pupils and staff. The department shall provide general direction to school districts and county offices of education on what to include in the school building disaster plan.

(II)A drop procedure whereby each pupil and staff member takes cover under a table or desk, dropping to their knees, with the head protected by the arms, and the back to the windows. A drop procedure practice shall be held at least once each school quarter in elementary schools and at least once a semester in secondary schools.

(III)Protective measures to be taken before, during, and following an earthquake.

(IV)A program to ensure that pupils and both the certificated and classified staff are aware of, and properly trained in, the earthquake emergency procedure system.

(ii)Establishing a procedure to allow a public agency, including the American Red Cross, to use school buildings, grounds, and equipment for mass care and welfare shelters during disasters or other emergencies affecting the public health and welfare. The school district or county office of education shall cooperate with the public agency in furnishing and maintaining the services as the school district or county office of education may deem necessary to meet the needs of the community.

(C)Policies pursuant to subdivision (d) of Section 48915 for pupils who committed an act listed in subdivision (c) of Section 48915 and other school-designated serious acts that would lead to suspension, expulsion, or mandatory expulsion recommendations pursuant to Article 1 (commencing with Section 48900) of Chapter 6 of Part 27 of Division 4 of Title 2.

(D)Procedures to notify teachers of dangerous pupils pursuant to Section 49079.

(E)A discrimination and harassment policy consistent with the prohibition against discrimination contained in Chapter 2 (commencing with Section 200) of Part 1.

(F)The provisions of any schoolwide dress code, pursuant to Section 35183, that prohibits pupils from wearing “gang-related apparel,” if the school has adopted that type of a dress code. For those purposes, the comprehensive school safety plan shall define “gang-related apparel.” The definition shall be limited to apparel that, if worn or displayed on a school campus, reasonably could be determined to threaten the health and safety of the school environment. A schoolwide dress code established pursuant to this section and Section 35183 shall be enforced on the school campus and at any school-sponsored activity by the principal of the school or the person designated by the principal. For purposes of this paragraph, “gang-related apparel” shall not be considered a protected form of speech pursuant to Section 48950.

(G)Procedures for safe ingress and egress of pupils, parents, and school employees to and from school.

(H)A safe and orderly environment conducive to learning at the school.

(I)The rules and procedures on school discipline adopted pursuant to Sections 35291, 35291.5, 47605, and 47605.6.

(J)(i)Procedures for conducting tactical responses to criminal incidents, including procedures related to individuals with guns on school campuses and at school-related functions. The procedures to prepare for active shooters or other armed assailants shall be based on the specific needs and context of each school and community.

(ii)(I)Commencing with the 2020–21 school year, procedures requiring either, at the discretion of the school district or county office of education, a lockdown drill or a multioption response drill, which shall be conducted in an age-appropriate manner at least once per school year at each school. School officials shall consider the emotional impact of the drill on pupils when planning, preparing, and conducting the drill.

(II)For purposes of this clause the following definitions apply:

(ia)“Lockdown” means a situation that presents an immediate and ongoing danger to the safety of pupils, faculty, staff, and visitors by a person using firearms or other types of weapons or displaying erratic behavior.

(ib)“Multioption response drill” means an approach where individuals evacuate the area, create barricades, and in last resort situations, actively resist a person using a firearm or other type of weapon.

(b)It is the intent of the Legislature that schools develop comprehensive school safety plans using existing resources, including the materials and services of the partnership, pursuant to this chapter. It is also the intent of the Legislature that schools use the handbook developed and distributed by the School/Law Enforcement Partnership Program entitled “Safe Schools: A Planning Guide for Action” in conjunction with developing their plan for school safety.

(c)Each schoolsite council or school safety planning committee, in developing and updating a comprehensive school safety plan, shall, where practical, consult, cooperate, and coordinate with other schoolsite councils or school safety planning committees.

(d)The comprehensive school safety plan may be evaluated and amended, as needed, by the school safety planning committee, but shall be evaluated at least once a year, to ensure that the comprehensive school safety plan is properly implemented. An updated file of all safety-related plans and materials shall be readily available for inspection by the public.

(e)As comprehensive school safety plans are reviewed and updated, the Legislature encourages all plans, to the extent that resources are available, to include policies and procedures aimed at the prevention of bullying.

(f)The comprehensive school safety plan, as written and updated by the schoolsite council or school safety planning committee, shall be submitted for approval pursuant to subdivision (a) of Section 32288.

(g)The department shall maintain and conspicuously post on its internet website a compliance checklist for developing a comprehensive school safety plan, and shall update the checklist when necessary.

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.