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HomeMy WebLinkAboutMINUTES - 05032011 - C.41RECOMMENDATION(S): SUPPORT SB 394 (DeSaulnier): Healthy Schools Act of 2011, a bill that establishes the Healthy Schools Act of 2011, creating measures to protect the health and safety of California school children and teachers and better ensure a safe learning and working environment, as recommended by the Legislation Committee. FISCAL IMPACT: No fiscal impact to the County. Legislative Counsel has identified potentially reimbursable state mandated costs presumably as a result of the requirement that schoolsites participate in Department of Pest Regulation (DPR) IPM training programs. BACKGROUND: Under current law, effective, least toxic pest management practices are “the preferred method of managing pests at schoolsites.” A 2007 Department of Pesticide Regulation (DPR) survey revealed that most schools using these practices found them to be more effective and no more costly than the conventional practices they had used in the past. APPROVE OTHER RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE Action of Board On: 05/03/2011 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 Karen Mitchoff, District IV Supervisor Federal D. Glover, District V Supervisor Contact: L. DeLaney, 925-335-1097 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: May 3, 2011 David J. Twa, County Administrator and Clerk of the Board of Supervisors By: Carrie Del Bonta, Deputy cc: C. 41 To:Board of Supervisors From:Legislation Committee Date:May 3, 2011 Contra Costa County Subject:SUPPORT SB 394 (DeSaulnier): Healthy Schools Act of 2011 Although the DPR offers least toxic pest management training to schools, about a third of school districts have yet to take advantage of the training. The 2007 survey found that 40 percent of school districts continue to use high-exposure methods for treating weed problems, and only 60 percent use low-exposure baits for ant management. Pesticides cause a variety of health problems. According to the U.S. Environmental Protection Agency, “Adverse effects of pesticide exposure range from mild symptoms of dizziness and nausea to serious, long-term neurological, developmental and reproductive disorders.” Children are more exposed to pesticides than adults: they have relatively greater skin surface and breathing rates, and their behavior puts them in greater contact with contaminated surfaces. Children are also more susceptible to pesticides than adults since their bodies are growing and developing. As the U.S. Environmental Protection Agency states: “There are ‘critical periods’ in human development when exposure to a toxin can permanently alter the way an individual's biological system operates.” SB 394 requires public K-12 schools as well as day care facilities to participate in DPR’s existing integrated pest management trainings. This will ensure that child care and school personnel are trained in the most efficacious, cost-effective, least toxic pest management methods available for treating pests while protecting the health of children, teachers and workers. The bill also prohibits the use of higher risk pesticides and application techniques that are hazardous, protecting children from high exposure to toxic chemicals. This bill would enact the Healthy Schools Act of 2011. The bill would provide that only gels and pastes deployed as crack and crevice treatments , self-contained baits, and spot treatments may be used on schoolsites. The bill would prohibit use of a pesticide on a schoolsite if that pesticide contains an ingredient known to the state to cause cancer or reproductive toxicity, as specified, or any one of specified cholinesterase-inhibiting ingredients identified by the Department of Pesticide Regulation, except as specified . The bill would also require all schoolsites, as defined and except as specified, to send at least one person to one of the department 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. 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. BACKGROUND: (CONT'D) STATUS: 02/16/2011 INTRODUCED. 02/24/2011 To SENATE Committees on EDUCATION and ENVIRONMENTAL QUALITY. 03/23/2011 From SENATE Committee on EDUCATION: Do pass to Committee on ENVIORNMENTAL QUALITY. 04/05/2011 From SENATE Committee on ENVIRONMENTAL QUALITY with author's amendments. 04/05/2011 In SENATE. Read second time and amended. Re-referred to Committee on ENVIRONMENTAL QUALITY. 04/14/2011 From SENATE Committee on ENVIRONMENTAL QUALITY with author's amendments. 04/14/2011 In SENATE. Read second time and amended. Re-referred to Committee on ENVIRONMENTAL QUALITY. VOTES: 03/23/2011 Senate Education Committee P 6-3 SUPPORT Breast Cancer Action, Californians for a Healthy and Green Economy, Californians for Pesticide Reform, California Nurses Association, CCOF, Center for Environmental Health, Clean Water Action, California Environment, California Fresno Metro Ministry, Lideres Campesinas, Mothers of Marin Against the Spray (MOMAS), Parents for a Safer Environment, Pesticide Action Network, Pesticide Free Zone, Pesticide Watch, Physicians for Social Responsibility Physicians for Social Responsibility, Sierra Club, 4 Letters from Individuals OPPOSITION Consumer Specialty Products Association, Mosquito and Vector Control Association of California, Pest Control Operators of California, The Clorox Company CONSEQUENCE OF NEGATIVE ACTION: The County will not be on record supporting the bill. ATTACHMENTS SB 394 (DeSaulnier): Healthy Schools Act