HomeMy WebLinkAboutMINUTES - 04132010 - C.48RECOMMENDATION(S):
SUPPORT SB 1157 (DeSaulnier), a bill that would prohibit all public schools from using
the most highly toxic pesticides on school property and require all manufacturers who sell
any of the most highly toxic pesticides to pay an unspecified fee, as recommended by
Supervisor John Gioia.
FISCAL IMPACT:
No fiscal impact to the County General Fund.
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.
BACKGROUND:
Pesticides have been linked to numerous acute and chronic illnesses, including
APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
Action of Board On: 04/13/2010 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: L. DeLaney, 5-1097
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: April 13, 2010
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C. 48
To:Board of Supervisors
From:Supervisor John Gioia
Date:April 13, 2010
Contra
Costa
County
Subject:Support Position for SB 1157 (DeSaulnier): Education, The Healthy Schools Act of 2010
BACKGROUND: (CONT'D)
cancer and asthma. Because children's bodies and brains are still developing, exposure to
pesticides can have detrimental and irreversible effects.
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. 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.
However, many California public schools continue to use highly toxic pesticides.
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, to authorize the use of the most highly toxic pesticides, as defined under
certain circumstances. 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.
Contra Costa County's 2010 State Platform contains the following policy related to
pesticides:
1. SUPPORT efforts to ensure sufficient State funding for pest and disease control and
eradication efforts to protect both agriculture and the native environment, including
glassy-winged sharpshooter, light brown apple moth, and Japanese dodder activities; high
risk pest exclusion activities; pesticide regulatory and law enforcement activities; and
noxious weed pest management.
ATTACHMENTS
SB 1157 Bill Text
SENATE BILL No. 1157
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 introduced, 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, to
authorize the use of the most highly toxic pesticides, as defined under
certain circumstances. 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
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be expended by the Director of Pesticide Regulation, upon appropriation
by statute, for the purposes of the bill.
(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:
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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, the Healthy
Schools Act of 2010.
SEC. 2.Section 17615 is added to the Education Code, to read:
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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.
(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, 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).
(c) 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, 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.
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SB 1157— 3 —
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(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.
(e) This section does not apply to any of the following:
(1) Antimicrobial pesticides, including 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.
(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) 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) 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) (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.
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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.
O
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SB 1157— 5 —