SB 1405

Bill Subjects

Abstract

(1) Existing law, the Healthy Schools Act of 2000, requires each schoolsite to maintain records of all pesticide use at the schoolsite for a period of 4 years and to make these records available to the public upon request, as specified. Existing law authorizes a schoolsite to meet these requirements by retaining a copy of the warning sign posted for each pesticide application, as specified, and recording on the copy the amount of pesticide used. Existing law requires a schoolsite or school district to identify an individual, known as a school designee, to carry out the requirements of the act. This bill, if a schoolsite chooses to use certain pesticides, would require the school designee, at the end of each calendar year, or more often at his or her discretion, to submit to the Director of Pesticide Regulation a copy of the records, as specified, of all pesticide use at the schoolsite. The bill, if a schoolsite chooses to use certain pesticides, would require the school designee to develop and post on the Internet Web site of the schoolsite, or, if the schoolsite does not maintain an Internet Web site, the school district, an integrated pest management plan, as defined, for the schoolsite or school district, except if neither the schoolsite nor the school district maintains an Internet Web site, the school designee would be required to include the integrated pest management plan with a certain annual notification sent to staff and parents or guardians of pupils enrolled at the schoolsite. The bill would authorize a school designee to do these things related to an integrated pest management plan if the schoolsite does not choose to use certain pesticides. (2) Existing law requires the Department of Pesticide Regulation to promote and facilitate the voluntary adoption of integrated pest management programs for schoolsites that voluntarily choose to do so, excluding privately operated child day care facilities. For these schoolsites, existing law requires the department to establish an integrated pest management program for schoolsites. Existing law, in establishing the program, requires the department to develop criteria for identifying least-hazardous pest control practices and encourage their adoption as part of an integrated pest management program at each schoolsite and develop a model program guidebook, as specified, that prescribes essential program elements for schoolsites that have adopted a least-hazardous integrated pest management program. Existing law provides that a violation of the laws, and the regulations adopted pursuant to those laws, relating to pesticides is generally a misdemeanor. This bill would require the Department of Pesticide Regulation to develop a training course to train any person who intends to apply pesticides on a schoolsite, and would require the training course to cover integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children's health. The bill would require the training course to be provided by the department or an agent authorized by the department. The bill would, commencing July 1, 2016, and except as provided, require a school designee, and any person who intends to apply a pesticide at a schoolsite subject to the act, to annually complete a training course provided by the department or an agent authorized by the department. The bill would, commencing July 1, 2016, require any person hired to apply a pesticide at a schoolsite subject to the act, to complete at least a one-hour training course in integrated pest management and the safe use of pesticides in relation to the unique nature of schoolsites and children's health before applying pesticides at such a schoolsite, and during each subsequent licensing period in which he or she applies a pesticide at a schoolsite subject to the act, and would provide that this training course may be applied to his or her professional continuing education requirements. The bill would require the one-hour training course to be developed by the department, would authorize a provider approved by the Structural Pest Control Board to also develop the one-hour training course if the training course has been approved by the department, and would require the department to ensure that the one-hour training course it develops or approves meets the requirements for continuing education credit required by the Structural Pest Control Board and the department. The bill would exclude the violation of the provisions requiring the completion of an annual training course from being a crime. (3) Existing law provides for the regulation of registered structural pest control companies by the Structural Pest Control Board. Existing law authorizes any individual 18 years of age or over to apply for a license as an operator, field representative, or applicator, as specified. Existing law requires the board to require as a condition of the renewal of an operator's, field representative's, or applicator's license that the licenseholder submit proof satisfactory to the board that he or she has completed courses of continuing education in pest control or pesticide application and use approved by the board or equivalent activity approved by the board. Existing law provides that any person who violates any provision related to structural pest control operators, or who conspires with another person to violate those provisions, is guilty of a misdemeanor and is punishable, as specified. This bill, commencing July 1, 2016, would require a licensee to comply with the training requirements of the Healthy Schools Act of 2000 if the licensee intends to apply a pesticide at a schoolsite, as defined. The bill would provide that training courses completed in furtherance of the Healthy Schools Act of 2000 count toward the continuing education requirements of the board and qualify as continuing education in integrated pest management. By expanding the scope of a crime, the bill would impose a state-mandated local program. (4) 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 no reimbursement is required by this act for a specified reason. (5) This bill would make conforming changes and various nonsubstantive changes.