Bill Text: CA SB394 | 2011-2012 | Regular Session | Amended
Bill Title: Healthy Schools Act of 2012.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB394 Detail]
Download: California-2011-SB394-Amended.html
BILL NUMBER: SB 394 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 10, 2012
AMENDED IN SENATE MAY 9, 2011
AMENDED IN SENATE APRIL 14, 2011
AMENDED IN SENATE APRIL 5, 2011
INTRODUCED BY Senator DeSaulnier
FEBRUARY 16, 2011
An act to amend Section 13185 of the Food and
Agricultural Code add Sections 17610.2 and 17610.3 to
the Education Code , relating to the Healthy Schools Act of
2011 2012 .
LEGISLATIVE COUNSEL'S DIGEST
SB 394, as amended, DeSaulnier. Healthy Schools Act of
2011. 2012.
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. These provisions also require 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 integrated
pest management program and least-hazardous pest control
practices by schoolsites.
This bill would enact the Healthy Schools Act of 2011.
The bill would require all schoolsites, as defined and except as
specified, to send at least one person to one of the Department of
Pesticide Regulation trainings at least once every 3 years. Because
this provision would impose additional duties on local public
employees, the bill would impose a state-mandated local program. The
bill would further authorize a person from a single school district
to attend the training on behalf of multiple schoolsites within that
school district. 2012. The 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.
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 these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes
no . State-mandated local program: yes
no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. This act shall be known and may be cited as the Healthy
Schools Act of 2011 2012 .
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 disease 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 the use of the
most dangerous pesticides. Many school districts and pest control
operators have implemented Integrated Pest Management (IPM)
integrated pest management programs that operate
with greatly reduced use of pesticides. We desire that
children attend schools with IPM programs functioning at a high
level. 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. Least-toxic pest management activities have
actually decreased from 2004 to 2007, inclusive, as measured by the
report titled 2007 Integrated Pest Management Survey of California
School Districts, prepared for the Department of Pesticide
Regulation. Forty-two percent of school districts that responded to
the 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, 62
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 about 9,900 school sites
schoolsites in California servicing over
6,000,000 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 13185 of the Food and
Agricultural Code is amended to read:
13185. (a) The department shall establish an integrated pest
management training program in order to facilitate the adoption of a
model IPM program and least-hazardous pest control practices by
schoolsites. All schoolsites, as defined in Section 17609 of the
Education Code, excluding family day care homes, as defined in
Section 1596.78 of the Health and Safety Code, shall send at least
one person to one of the department trainings at least once every
three years. The person from a single school district may attend the
training on behalf of multiple schoolsites within that school
district. In establishing the IPM training program, the department
shall do all of the following:
(1) Adopt a "train-the-trainer" approach, whenever feasible, to
rapidly and broadly disseminate program information.
(2) Develop curricula and promote ongoing training efforts in
cooperation with the University of California and the California
State University.
(3) Prioritize outreach on a regional basis first and then to
school districts. For outreach to child day care facilities, the
department shall participate in existing trainings that provide
opportunities for disseminating program information broadly on a
regional basis.
(b) Nothing in this article shall preclude a schoolsite from
adopting stricter pesticide use policies.
SEC. 4. 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.
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) This section does not apply to 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) No pesticide shall be sprayed, released, deposited, or applied
indoors 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) This section does not apply to 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) No pesticide shall be sprayed, released, deposited, or applied
outdoors on a 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.
