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CC – Item 4C – AB 1948 – Pesticide Use Reduction and Right to Know Act – Oppose E 9 SAI staftepor t TO: HONORABLE MAYOR AND MEMBERS ROSEMEAD CITY COUNCIL ti FROM: rRAINK G. TRIPEPI, CITY MANAGER" DATE: APRIL 23, 1998 RE: AB 1948 (SHELLEY) - PESTICIDE REDL r ACT- OPPOSE USECTION AND RIGHTTO KNOW Attached for the City Council's review is a copy of AB 1948 (Shelley) and a letter from the Executive Director of the San Gabriel Valley Mosquito Abatement District requesting the City's opposition to the measure. AB 1948 purports to limit the use of pesticides in urban areas to protect school children from the potentially harmful effects of those pesticides. In the letter sent by the San Gabriel Valley Mosquito Abatement District, the Executive Director indicates that limiting the use of some pesticides to control known vectors could, in fact, lead to an increase in the numbers of wasps, mosquitos and black flies that pose serious health and disease risks when not properly controlled. In addition, the District states that the risk of an outbreak of St. Louis encephalitis, as well as the impending threat posed by Africanized Honey Bees, could increase if the pesticides needed to control mosquitos is I banned or becomes more difficult to use. AB 1948 will be heard next by the Assembly Appropriations Committee. No date has been set for hearing. RECOMMENDATION: It is recommended that the City Council oppose AB 1948 (Shelley) and authorize the Mayor to forward the appropriate correspondence. """ °a°'�°a` COUNCIL AGENDA APR 2 8 1998 ITEMNo. � cc e RPR—le-1998 11:54 SGUMPD 818 337 56855 P.01/00 ._ _ SAN GABRIEL VALLEY MOSQUITO & VECTOR CONTROL DISTRICT Mosquito&Vector CorNol District1145 N. Azusa Canyon Road \"/ Wes, Covina, California 91790 (626) 814-9466 • FAX (626) 337-5686 P.Sue lyhlke• email: sgvmudCarprimenet.com Marlin Manager Kenn K. Funoka, PhD. Carer of A.csis,ant Manager Alhambra MEMORANDUM Arcadia TO: All Member Cities City M ^zrn= t}' anagers, Supervisor Michael Antonovich, Supervisor Don Knabe, and School District Superintendents Bradbury. FROM: D. Sue Claremont Districtt Manager Covina DATE: April 10, I998 Duarte SUBJECT: ASSEMBLY BILL 1948 El Monte Glendora Assembly Bill 1948 introduced by Assembly Member Kevin Shelley could have detrimental effects on our Districts ability to control vectors, including mosquitoes, black flies, midges, /ndurrp• bees, wasps, and rats, not only on school property but throughout the entire District. Please Find attached a copy of AB 1948 and a letter sent by our District to the author and the Assembly Irwindale Committee on Environmental Safety & Toxic Materials. This Committee will hear this bill in Puente on Tuesday, April 14, 1998. La Verne To protect the health and comfort of all residents of the District, the Board of Trustees Monrovia respectfully requests your assistance. We encourage each local and county agency to send letters via facsimile to the author and Committee members expressing our concerns and Monterey Park opposing the bill as written. Please feel free to use the attached letter as a guide. Your support is greatly appreciated. Pomona Rosemead The Assembly Members may be contacted by facsimile as follows: sun Dina ' Assembly Member Kevin Shelley (Author) < 016) 324-4899 San Gabriel Assembly Committee on Environmental Safety & Toxic Materials Sierra maitre Assembly Member Howard Wayne Assembly Member Jim Cunneen (916) 319-21782 (Chair) Temple city Assembly Member Steve Baldwin (916)( 16)319-2177 (Vice Chair) 3 Walnut Assembly Member Debra Bowen 16 319-2177 Assembly Member Denise Ducheny (916)319-217 West Covina Assembly Member Fred Keeley ( ) I 179 Assembly Member Wally Kno (916) 319-21272 Los AnCougty of eles Assembly Member BernieRichter (J l6) 319-2142 Angeles (916) 319-2103 If you have any questions nr require additional information, please do not hesitate to contact me_ PPR-10-1999 11:54 SGUMPD 818 337 5585 P.02/09 s. SAN GABRIEL VALLEY MOSQUITO & V Mosquito&VectorVECTOR CONTROL DISTRICT coital Dialect1145 N. Azusa Canyon Road 11;:q111r.' Wes1 Covina, California 91790 (626) 814.9466 • FAX(626) 337-5686 P Sue Zuhlkr email: sgvmad 0sprimenet.mm District Manager ager Fu:o , Chita of l 1n PhD. Assistant Manager Alhambra April 9, 1998 Arcadia Aruna The Honorable Kevin Shelley BradburyCalifornia State Assembly P.O. Box 942849 Claremont Sacramento. CA 94249-0001 Covina Dear Assembly Member Shelley: 1Juarre RE: Assembly Bill 1948 51 Mnnre Glendora The health and welfare of our children are of the utmost concern. It is clear that Assembly Bill 1948 attempts to protect our children from harmful pesticides. As a parent and the DisS-ict tndu,rry Manager of the San Gabriel Valley Mosquito and Vector Control District. I too am concerned Irwindale about protecting our children from the harmful effects of pesticides as well as protecting their health and comfort from diseases that are transmitted by vectors such as mosquitoes, rats, and [u Paenre fleas, and discomfort and secondary health reactions caused by black flies, bees, and wasps_ • La Verne In order to protect the population of the San Gabriel Valley and environment we i t Monrovia District uses the saf st pesticides available. These pesticides have little or no effect on other organisms when applied according to Me label. Assembly Bill 1948 is of great concern to our Mamerey Park District for the following reasons: Pomona 1 . This bill requires the Director of Pesticide Rea Rosemead nonagricultural use emulation to cancel the registration of any Pesticide product that is a high-hazard product unless the label specifically prohibits the use of the pesticide at a school and day care facility. The bill San Dia defines "high hazard-to include among other things,pesticides that bear the signal words San Gabriel "Poison", "Danger/Poison", and "Warning". Sierra Madre Our District currently uses two products. M-Pede`D and Cynofp for the control of bees and wasps. Each bear the signal word "blaming' on its label and they e used on Temple City grounds. With the impending arrival of the Africanized honey bees, bur District Walnut receives numerous calls for bee and wasp control including calls from schools and day care providers. Our control is performed specifically in accordance with the label and life.a Covina only when children are not present, The pesticides are used to knock down the bees or wasps and the nest and bees that have been sprayed with the pesticide are removed. No CAnge of bee or was Lor Angeles p control is performed inside any structure. PPR-10-1998 11:55 SGVMAr 918 337 56% P.03/23 Assembly Member Shelley April 9. 1998 Page 2 2. This bill requires the school to notify parents in writing at least 72 hours before the pesticide is applied in buildings,on playgrounds,on athletic fields,school vehicles,or any other area visited or used by pupils. All of the pesticides used by our District for the control of mosquitoes and black flies bear the signal word'Caution". These pesticides have no effect on non-target organisms when applied according to the label. They are not potential carcinogens, nor do they contain reproductive or developmental toxins. From April through October, the required notification period would prevent adequate control of mosquitoes and black flies on school property. In 72 hours, mosquito and black fly pupae become flying, biting adults. Female mosquitoes can transmit St. Louis encephalitis. This disease can be debilitating and even fatal in young children. 3. This bill requires that any pesticide application within, around, or on school property be posted with wanting signs commencing immediately after application and extending at least 72 hours. Based on the mammalian toxicity studies of the pesticides used by the District, this would only panic the parents of the children attending school in the treated area. The pesticides we use are no more toxic to mammals than glue sticks, liquid paper correction fluid, and common household cleaning products. 4_ This bill would require that any pesticide application within or on the grounds of a school or day care center be reported to the Director at the time of application or on a monthly basis. Our District already reports all pesticide applications to the County Agricultural Commissioner on Department of Pesticide Regulation form PR-ENF-060, pursuant to a Cooperative Agreement with the California Department of Health Service. Prior to any further action being taken on Assembly Bill 1948, I implore you to consider the impacts that this bill will have on the application of pesticides for public health purposes and our • ability to protect our children from vector-borne diseases and discomfort. If I may be of any assistance to you or your staff, please do not hesitate to contact me. Sincerely, 164 P. Sue Zuh -e41. District Manager cc: Assembly Committee Members on Environmental Safety & Toxic Materials RPR-le-1999 11:E5 9GVMRC 818 337 52.82, P,O4s02 BILL NUMBER: AB 1948 AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 23, 1998 INTRODUCED BY Assembly Member Shelley FEBRUARY 17, 1998 An act to add Article 17 (commencing with Section 131801 to Chapter 2 of Division 7 of the Food and Agricultural Code, relating to pesticides. LEGISLATIVE COUNSELS D:CEST AB 1918, as amended, Shelley. School Pesticide Use Reduction and Right to Know Act of 199B. (1) Existing law authorizes the Director of Pesticide R to cancel the registration of, or refuse to register, any that meets specified Regulation aT his bill pec teC cr iteriz . est Pesticide would require the director to cancel the registration of any nonagricultural use pesticide pesticide product, - ssdh= labelthat is a high-hazard as defined, ciunless the osoeczpica2!y proscribes the use of the pesticide at day care facility, es specified, a school '-wi 'l'y and toile The bill would require school administrators, as defined, provide notification pesticide i to parents and guardians of `O application within buildings pupils prior y pupils on playgrounds, athletic or structuresol occupied to a `_of c u, school vehicles tC s pupils, or any ether area visit= cies occupied dv sped; ed d or used by pupils , The bill also wouldrequire except as administrator to provide, atnnul the, school the parents or guardians of least annually, a written enrolled advisory to Prescribed information. pupils in that school stating The bill would require that any pesticide application wit. around, or on the property of a school facility or care posted hep, with warning signs commencinc immediately after application be and extending for at least 72 hours P cation except: as specified The bill would declare that nothing in these provisions would prevent the application of a pesticide : n or day care center under emergencyconditionon s, as a=a -- -nd a sed.dool f=c. The imposition of these n, lc'` impose a stn requirements upon school districts would rte-Tarda tetl local program. (21 The California Constitution requires the state to reimburse local agencies and school districts far certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including to pay [he costs of mandates creation of a State Mandates Claims and other procedures for clasims that des not exceedi51, 000, 000 ce statewide` 51, 000, COG. -aims .hese statewide costs exceed This bill would Provide that', , - the Commission on S determines chat the bill containscosts mandated by `std ManCates reimbursement for those costs shall be made pursuant`to state, statutory provisions. to these Vote: majority.Y pArogra : yes. no. Fisc,'_ local IDg yes. committee: yes. State-mandatedL' l. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: T5 APR-10-1998 11:56 SGVNAD 51S 337 5686 9.05/08 SECTION 1. Article 17 (commencing with Section 13180) is added to Chapter 2 of Division 7 of the Food and Agricultural Code, to read: Article 17. School Pesticide Use Reduction and Right to Know Act of 1998 13180. This article shall be known, and may be cited, as the School Pesticide Use Reduction and Right to Know Act of 1998 . 13181. The definitions set forth in this section govern the construction of this article unless the context clearly requires otherwise. (a) "Child day care facility ' nonmedical care to childrenmeans a facility that provides under ce years of age in need ifgpersonal services, supervision, or assistance essential for sustaining the activities of daily living or for the protection of the individual on less than a 24-hour basis. care centers, "rhild day care facility" incl udes day es. "Child child ince centers, and ingi an day groundsmon the Cs to ofthe day care facidayy" includes any building and (b) "Dachild day care facility. y care censer" means any child day care facility ocher than a family day care home, and includes infant centers, preschools, and extended day care facilities. (c) "Emergency conditions" means any circumstance in which the school administrator deems that the emergency use of a particular pesticide is necessary to protect the health and safety of pupils, staff, or other persons. The school administrator ansl o determine i nethat the use is of last resort and that no other means of pestcthat complies division will adequately protect publithealh and aey (d) "High-hazard pesticide product" means any of the following: (1) A pesticide product that contains an intentionally added ine_ active ingredient Sr t Environmental Protection Agencyas ca identified by the cStates probable human carcinogen, or known humant carcinogen.ble human ar`inogs noaen, (2) A pesticide product that contains an active ingredient or intentionally added inert ingredient known to the state to cause cancer, pursuant to Chapter 6. 6 (commencing with Section 25249.5) of Division 20 of the Health and Safety Code. (3) A pesticide product that contains an active ingredient or intentionally added inert ingredient known to the state to cause reproductive or developmental toxicity pursuant to (commencing with Section 25249.57 of Divi Chapter 6. 6 Safety Code. sloe 2C of the Health and (4) A pesticide product that contains an active ingredient or intentionally added inert ingredient identified as a reproductive or developmental toxin by the United States Environmental Protection Agency, including, but not limited to, reproductive and developmental toxins identified by the United Stat Agency in Volume 59 of the Federal Register,Environmental. ? mmo mencin page 61434 , g No. 229, cocencing on (5) A pesticide product listed by the United Stat Protection Agency as a Category g9 Environmental y "Poison" or "Danger/Poison. " I acute toxin bearing the label (5) A pesticide product listed by the United States Environmental Protection Agency as a Category II acute toxin bearing the label "warning. " (71 A pesticide product that contains an active ingredient or intentionally added inert ingredient identified by the United States Environmental Protection Agency or the California Environmental Protection Agency as a known, probable, or suspected d' P ed rs rapt or of the endocrine system. RPR-10-1998 11:56 q8 p 9G7 i ncentionall E18 357 56E6 ?.05508 Y added inert ingredient that is determined by the (e) "Nonagricultural use peso product registered by pesticide" means anySpesticidein the directors. pursuant to Section .2815 that used for nonagricultural purposes. is (f) "School administrator" means the chief manager, superintendent, executive director, or the highest ranking supervisor of a school facilityor da facilities Yrscenter, corh of any group of school or, day care ,centers,t or both s tos facilities and day care centers, including, but not limited to, school districts. (g) "School facility" means any building used, or designed to be used, for elementary constructed, or secondary added purposes and reconstructed, altered, Jr added ` city or city and County, any poli `J' by the state, -n district of anytare, subdivision, any school any kind within the stale, or any center or program createdto regionalboccupational t unoer joint exercise of by,eor "Scnsol faed j act by power. an agreement buildings or structures, 'ds, a: _`ac__' " �Y includes playgrounds,uses, the vehicles, or any acolerty fields, school other area of school property visited or used by pupils. "School facility" does netinclude any postsecondary educational facility attended by secondary school pupils. authorized by the Administrator cf the If Protection Agency, "school facility" United States Environmentalbujlr used, or designed `el. may also inSecoe y to be used, for elementary or secondary buiio.rt purposes and constructed, reconstructed, altered, or added to by school the 7nited States toverhment, r any agency thereof. 12282 (a) The dire nonagricultural use pesticiorde shall cancel the tech--hazy of est product during - cede p Jduet that is a high-hazard 2000 , its, registration eci renewal Period in �,._ pe slit ce unless the label specifically - ' - the use of :he pesticide at a schoolfacility Y iliter antis facility. fat_icy and child day car= (b) The director shall cancel the registration of any nonagricultural use pesticide product that becomes identified h=g.".-hazard pesticide product withinas a unless the label specifically one year from identi fication, a school fac:lity childday proscribes the use of the Des L tide at - and tl=y care facility. (c) This sectio: does not apply to the use cf pesticide approved by the director for use in controjny L nemdisease ' or caused by .microbial organisms. diseases 13183. (a) —=.T- Except as provided in subdivision (c) , any pesticide application gggrounds of a school facility within shall be. the or day care center be reported to the director. Pesticide use may b=_ application or on a monthlyreported nt the time of not basis and shall include, but need be limited to, the following information for during the reporting period: each application (1) Manufacturer and name of pesticide product. (2) United States Environmental Protection Agency product registration number. (3) Total amount of product used. (4 ) Unit of measurement . (5) The county-district-school (CDS) code where the application occurred. (6) Whether or not the application and 13184 08 . was exempt from Sections ons pursuant to Section 131&6. 13182 (b) The school administrator shall maintain records of all pesticide use within or around the school facility' or day care center for a period of 10 years and shall make this information available to the public, upon request, pursuant to the California Public 98R-1B-1948 11:57 SGOMRD 918 537 5685 17.07.-e5 to the public, upon request, pursuant co the California Public Records Act (Chapter 3.5 (commencing with Section 6250; of Division 7 of Title 1 of the Government Code) . (c) This section does not apply antimicrobial or by the use of any pesticide cause a by micd the director for use in controlling diseases caused by microbial organisms. (d) The director shall adopt regulations to implement this section. 13184. (a) —e— Except as provided in subdivision (e) , the school administrator shall provide written notification to the parents or the guardians of the pupils enrolled in -'E" — a school facility or day care center at least 72 hours prior to a pesticide application within buildings or structures occupied by pupils, on p playgrounds, athletic fields, school vehicles occupied b or used by pupils. The by pupils, or any other area visited name, notice shall include the manufacturer, and united States Environmental Protection to Agency product registration number of the pesticide used,, the date oP the planned application, and sources for further information about the pesticide. (lel The notice may be included in normal school communications to parents or guardians and need not be mailed separately to parents or guardians. (a) The notice shall be placed on the written agenda of school board, or other governing body, ac thatthes official meeting. governing body's next (d) if pest-tides are applied in or around a school facility facility or day care center, the school administrator of chat prov-de, at le2st once per year, a written pa entsl guardians of pupils enrolled in advisory to the parents cc following: that school stating all of the (1) Pesticides are applied in and or around the school facility or day care center. (2) Parents, guardians, and concerned members of the public may obtain reports of pesticide use in that school facility or day care center from the school administrator at any time during the school year. (e) This section does no: apply to the deployment of traps or baits that are self-contained and enclosed or to the use of any arcimicrobial or pesticide approved by • e dirctor controlling diseases caused by microbial organisms- for use to 13185. --,7 - (a) Except as subdivision provided in on the ( any pesticide application within, around, or costed property of a school facility with warning it day care center shall a s lescommencing +r.mediately after application and extendingfor at least (b) This < hours. section does not apply to the use of any antimicrobial or pesticide approved by the director for use in controlling diseases caused by microbial organisms. 13196. Nothing in this article prevents the application of a pesticide in or around a school facility or day care center under emergency conditions . SEC. 2. No:withstanding Section 17610 of the Government Code, 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 Par- 7 (commencing with Section 175001 of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars (51,00D, 000) , reimbursement shall be made from the State Mandates Claims Fund. APR-10-1998 11:57 SGVMAD 818 337 5588 P.09508 Notwithstanding Section 17580 of the Government Code, unless otherwise specified, the provisions of this act shall become operative on the same Cate that the act takes effect pursuant to the California Constitution.