AB 1864: Pesticides: agricultural use near schoolsites: notification and reporting.

(1)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 commissioner to adopt regulations on the agricultural use of any pesticide for agricultural production within ¹/₄ mile of a school with respect to the timing, notification, and method of application. Existing regulations restrict specified applications of pesticides made for the production of an agricultural commodity within ¹/₄ mile of a schoolsite.

This bill would require the Department of Pesticide Regulation to require a separate site identification number for the portion of an agricultural field that lies within ¹/₄ mile of a schoolsite. The bill would also require the department, for permit applications for agricultural use of pesticides designated as restricted materials, notices of intent for use of a pesticide designated as a restricted material, and pesticide use reporting forms and procedures, as they pertain to an agricultural field of which any portion lies within ¹/₄ mile of a schoolsite, to require reporting on the specific method, or the specific anticipated method, of applying the pesticide, as applicable, and certain information relating to the dates and times of the pesticide application, as applicable, as specified. The bill would require the director, in evaluating a countys pesticide use enforcement program, to evaluate the countys effectiveness in enforcing specified laws and regulations regarding applying pesticides near schoolsites. The bill would require the director, on or before December 31, 2026, to expand the scope of specified related regulations to also apply to private schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, with an enrollment of 6 or more pupils. The bill would require the department and the county agricultural commissioners to use private school directory information and maps available on the internet website of the State Department of Education to determine the location of private schools serving pupils in kindergarten or any of grades 1 to 12, inclusive, with an enrollment of 6 or more pupils. The bill would exempt a school conducted in a persons residence from these provisions.

(2)Existing law, unless a different penalty is expressly provided, makes a violation of the Food and Agricultural Code a crime.

By expanding the duties of county agricultural commissioners, and by expanding the scope of a crime, this bill would impose 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.