SB 1398

Bill Subjects

Abstract

Existing law authorizes the agricultural commissioner of a county to adopt regulations applicable in the county that are supplemental to those of the Director of Pesticide Regulation that govern the conduct of pest control operations and records and reports of those operations. Existing law authorizes the county agricultural commissioner to adopt regulations on the agricultural use of any pesticide for agricultural production within 14 mile of a school with respect to the timing, notification, and method of application. This bill would additionally require a county agricultural commissioner to publicly post on its internet website the approval, denial, or postponement of the date of an application of a pesticide, as described, within ¼ of one mile of a schoolsite and would require the county agricultural commissioner to provide notice to the principal of any K–12 school at least 3 school days before the date of the application of the pesticide. The bill would also require the Department of Pesticide Regulation to publish by April 1, 2021, and each year thereafter, a report for the prior calendar year that includes specified information and would require each county agricultural commissioner to report by August 1, 2021, and annually thereafter, to each impacted school district within the county the agricultural pesticide use that occurred in that county within ¼ of one mile of a schoolsite from the previous July 1 to June 30, inclusive, and any pesticide incident reports during that same time period. The bill would require that this information be posted on the county agricultural commissioner's internet website and made available to the public. The bill would also require the county agricultural commissioner to present, on an annual basis, a summary of their report to each impacted school district at a meeting of the board of that school district that was impacted by at least one incident documented within its jurisdiction. Because the bill would expand the duties of county agricultural commissioners, the bill would create 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.