Bill Text: CA SB1157 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Education: Healthy Schools Act of 2010.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2010-09-27 - In Senate. To unfinished business. (Veto) [SB1157 Detail]

Download: California-2009-SB1157-Amended.html

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BILL NUMBER: SB 1157	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 5, 2010

INTRODUCED BY   Senator DeSaulnier

                        FEBRUARY 18, 2010

   An act to add Section 17615 to the Education Code, relating to
pesticides.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1157, as amended, DeSaulnier. Education: the Healthy Schools
Act of 2010.
   (1) Existing law generally regulates pesticide use and requires
the Department of Pesticide Regulation to promote and facilitate the
voluntary adoption of integrated pest management by school districts.

   This bill, the Healthy Schools Act of 2010, would prohibit all
public schools from using the most highly toxic pesticides, as
listed, on school property. This bill would provide that its
provisions would not apply to antimicrobial pesticides, products
deployed in the form of a self-contained bait or trap, or as a crack
and crevice treatment, agricultural uses, or activities undertaken by
participants in agricultural vocational education, as specified.
   The bill would authorize the  coordinator of the
integrated pest management program, if the school district has
established an integrated pest management program, or a school
district designee, as defined,   school principal 
to  authorize the  use  of  the
most highly toxic pesticides, as defined under certain circumstances
 , and for a specified period of time  . Because the bill
would impose new duties on school districts, it would constitute a
state-mandated local program.
   This bill would require  all manufactures who sell any of
the most highly toxic pesticides, as defined, in California, to pay
an unspecified fee. The bill would establish the Healthy Schools Act
of 2010 Fund. The bill would provide that moneys deposited in the
fund from the fee be expended by the Director of Pesticide
Regulation, upon appropriation by statute, for the purposes of the
bill   the Depar   tment of Pesticide
Regulation, beginning January 1, 2011, and annually thereafter, to
set an adequate fee on manufacturers or importers of the most highly
toxic pesticides, as defined. The department must set the fee in an
amount that is sufficient and limited to reimburse the department for
the cost of administering, and school districts for the costs of
implementing, this act  .
   (2) 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.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) The Legislature hereby finds and declares all of
the following:
   (1) Pesticides have been linked to numerous acute and chronic
illnesses, including cancer and asthma.
   (2) Because children's bodies and brains are still developing,
exposure to pesticides can have detrimental and irreversible effects.

   (3) A recent study reveals that female teachers have a
significantly higher cancer rate compared to other women of the same
age and race, including breast cancer, lymphoma, and leukemia, which
previous studies have shown are linked to pesticides.
   (4) 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.
   (5) However, many California public schools continue to use highly
toxic pesticides.
   (6) 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.
   (b) This act shall be known, and may be cited  as,
 ,   as  the Healthy Schools Act of 2010.
  SEC. 2.  Section 17615 is added to the Education Code, to read:
   17615.  (a) No public school may use the most highly toxic
pesticides on school property.
   (b) For purposes of this section, "most highly toxic pesticides"
means: 
   (1) Pesticide products containing N-methyl-carbamate or neurotoxic
organophosphorus compounds.  
   (1) Pesticide products that are neurotoxic organophosphorus
compounds, containing N-methyl-carbamate or cholinesterase
inhibitors, as designated by the Materials Data Sheet of the
Department of Pesticide Regulation, for the particular chemical.

   (2) Pesticide products containing active ingredients rated by the
United States Environmental Protection Agency as A or B carcinogens
or substances listed as, known or  likely carcinogens, known
to be human carcinogens,   probable human carcinogens as
designated by the International Agency for Research for Cancer, the
United States Environmental Agency, the United States National
Toxicology Program, or pursuant to the Safe Drinking Water and Toxics
Enforcement Act of 1986, and are  likely to be human
carcinogens, or suggestive of being human carcinogens, as described
in the "List of Chemicals Evaluated for Carcinogenic Potential," or
known to the state to cause cancer as listed pursuant to the
California Safe Drinking Water Act (Chapter 4 (commencing with
Section 116270) of Part 12 of Division 104 of the Health and Safety
Code).
   (3) Pesticide products containing active ingredients that cause
birth defects, reproductive harm, or developmental harm as identified
by the United States Environmental Protection Agency or listed
pursuant to the California Safe Drinking Water Act (Chapter 4
(commencing with Section 116270) of Part 12 of Division 104 of the
Health and Safety Code)  or as designated pursuant to the Safe
Drinking Water and Toxics Enforcement Act of 1986  . 
   (c) 
    (4)  Pesticide products with high acute toxicity as
defined by the United States Environmental Protection Agency in
Toxicity Categories I and II, as defined in Part 156.62 of Title 40
of the Code of Federal Regulations,  or designated by the World
Health Organization or the United States National Toxicology Program,
 shall not be used unless the pest problem to be addressed
cannot be effectively managed with a lower risk pesticide. 
   (d) The coordinator of the integrated pest management program, if
the school district has established an integrated pest management
program, or the school district designee, as defined in subdivision
(d) of Section 17609, may permit the use of a most highly toxic
pesticide if all of the following conditions are met: 

   (1) An emergency condition exists.  
   (2) The use of the pesticide is the lowest risk method available
to address the problem.  
   (3) The use is limited to a specific application site. 

   (4) Every effort shall be made to ensure that the application site
is clear of pupils, staff persons, and other persons not directly
involved in the use of the pesticide.  
   (5) The application site shall be posted in accordance with
subdivision (d) of Section 17612.  
   (6) The school district shall include a list of the materials used
under emergency conditions, under the heading "Emergency Use of
Pesticides Banned Under AB" in the next annual notification of
intended pesticide use, as required by subdivision (a) of Section
17612.  
   (c) Any school principal may suspend the prohibitions specified in
this section if he or she finds that there is a pest control
emergency and all of the following conditions and definitions apply:
 
   (1) The school principal deems that the immediate use of a banned
pesticide is necessary to protect the health and safety of pupils,
staff, or other persons, or school property.  
   (2) The pesticides used under this subdivision are the lowest risk
available to address the problem.  
   (3) A suspension under this subdivision shall not last longer than
seven days and shall be limited to a specific application site.
 
   (4) Students, staff, or other persons not directly involved in use
of the pesticides may not be present at the site during use of the
pesticides, and the site shall be posted as required by the Healthy
Schools Act of 2000 (Article 17 (commencing with Section 13180) of
Chapter 2 of Division 7 of the Food and Agricultural Code). 

   (5) The school principal shall notify the school district
superintendent within 48 hours of pesticide application under this
provision and include the following information, which shall be kept
in a manner easily accessible to the public:  
   (A) The reasons for finding that a pest control emergency exists.
 
   (B) The subsequent action taken by school personnel or outside
contractors to control the pest control emergency, including the
pesticides used, their active ingredients, the amount, their purpose,
and which of the banned categories defined in subdivision (b). 

   (6) The district superintendent shall:  
   (A) Put notice of the exemption on the agenda of the school
district's board of education for its review at its next scheduled
meeting. No decision by the board is mandated by this bill. 

   (B) Provide to the relevant district board of education an annual
summary of all exemptions used on school district property, which the
board shall make easily accessible to the public.  
   (C) Include a list of the materials used under this emergency
suspension provision, under the heading "Emergency Use of Banned
Pesticides," in the school's first annual notification of intended
pesticide use, as required under the Healthy Schools Act of 2000
(Article 17 (commencing with Section 13180) of Chapter 2 of Division
7 of the Food and Agricultural Code) following the emergency use.
 
   (e) 
    (d)  This section does not apply to any of the
following: 
   (1) Antimicrobial pesticides, including sanitizers and
disinfectants.  
   (1) Sanitizers and disinfectants. 
   (2) Pesticide products deployed in the form of a self-contained
bait or trap.
   (3) Gels or pastes deployed as crack and crevice treatment. 
"Crack and crevice treatment" means the application of small
quantities of a pesticide, consistent with labeling instructions, in
a building into openings such as those commonly found at expansion
joints, between levels of construction, and between equipment and
floors. 
   (4) Activities undertaken at a school by participants in the state
program of agricultural vocational 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
vocational education of any duties pursuant to this section for
activities that are not directly related to the curriculum
requirements of Section 52454.
   (5) Agricultural uses. 
   (f) 
    (e)  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.

   (g) 
    (f)  This section does not preclude a school district
from adopting stricter pesticide use policies or from enforcing
stricter policies that have already been adopted. 
   (h) 
    (g)  (1) A fund is hereby established in the State
Treasury to be known as the Healthy Schools Act of 2010 Fund. Moneys
deposited in this fund may be expended by the Director of Pesticides
Regulation upon appropriation by statute, for the purposes of
implementing this section. 
   (2) All manufacturers who sell any of the most highly toxic
pesticides, as defined by this section in california shall pay a fee
of ( $____ ) per year, to be deposited into the Healthy Schools Act
of 2010 Fund, to defray costs of implementing this section. 

   (2) The Department of Pesticide Regulation shall, beginning
January 1, 2011, and annually thereafter, set the amount of a fee on
manufacturers or importers of the most highly toxic pesticides, as
defined by this section, that the department determines to be
sufficient and limited to reimburse the department for the cost of
administering the Healthy Schools Act of 2010, and reimburse local
agencies and school districts for costs of implementing this section.

  SEC. 3.  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.