Title: An act relating to pesticide application in school facilities.

Brief Description: Limiting the use of high hazard pesticides on school facilities.

Sponsors: Representatives Pedersen, Upthegrove, Campbell, Kenney, McDermott, Morrell, Chase, Appleton, Dunshee, McIntire, Santos, Moeller, Darneille, Roberts, Hudgins, Hunt, Hasegawa, Conway, O'Brien, Green, Rolfes, Simpson, Schual-Berke, Goodman, Wood and Lantz.

Brief History:

Select Committee on Environmental Health: 2/6/07, 2/15/07 [DPS].

HOUSE SELECT COMMITTEE ON ENVIRONMENTAL HEALTH

Majority Report: The substitute bill be substituted therefor and the substitute bill do pass. Signed by 6 members: Representatives Campbell, Chair; Hudgins, Vice Chair; Chase, Hunt, Morrell and Wood.

Minority Report: Do not pass. Signed by 3 members: Representatives Newhouse, Ranking Minority Member; Sump, Assistant Ranking Minority Member and Hailey.

Staff: Brad Avy (786-7289).

Background:

Pests common in schools can harm both children and adults. Pests can spread disease, cause allergies and asthma attacks, precipitate allergy attacks from stings, contaminate food, cause painful bites, and cause structural damage. Pesticides are powerful tools for controlling these risks.

Children are more sensitive than adults to pesticides. Young children can have greater exposure to pesticides from crawling, exploring, or other hand-to-mouth activities. Since children spend much of their day at school it is important to limit children's exposure to the hazardous effects of pesticides.

The Environmental Protection Agency is responsible for regulating the use of pesticides at the national level. The Department of Agriculture (DOA), the Department of Labor and Industries, and the Department of Ecology (DOE) regulate pesticides in Washington.

Summary of Substitute Bill:

The Legislature finds that children are more vulnerable than adults to the hazardous effects of pesticides. The intent of the bill is to limit, for the protection of students and staff, the use of high hazard pesticides in and on school facilities.

The Office of the Superintendent of Public Instruction, in consultation with the Department of Health (DOH) and the DOA, is required to develop a model integrated pest management policy by March 2008 that emphasizes use of non-chemical pest control measures and allows use of high-hazard pesticides only as a last resort.

No person may apply a high hazard pesticide at a school facility except when authorized by the principal of a school at his or her facility under a single-use waiver. The waiver may be authorized only if the following conditions are met:

• an immediate human health or safety hazard exists that warrants the use of a high hazard pesticide;
• nonchemical or least-toxic pest prevention and control measures have been used unsuccessfully;
• the underlying causes of the pest outbreak will also be addressed by other actions to prevent future outbreaks; and
• students or staff other than those making the application are not in the area at the time of application or for forty-eight hours following the application.

The bill does not limit the authority of a county health officer, state agency, mosquito control district, or noxious weed control board that is responsible for pest management decisions regarding school facilities to make decisions and take actions regarding school facilities.

The bill does not limit the authority of the director of a licensed day care center or the officers of a school district to establish pesticide application policies that are more restrictive.

The State Board of Health (Board) is required to adopt by rule a list of products that the Board considers to pose a high hazard to the health of children or staff if applied in or on school facilities.

The Board must include in the list products that meet the criteria of toxicity category I or toxicity category II for pesticides as defined by the United States Environmental Protection Agency in 40 C.F.R. Sec. 156.62 as it exists on the effective date of this section.

The Board must consider including in the list the following general categories of pesticides:

• known or probable carcinogens;
• known or probable endocrine disruptors;
• pesticides known to have chronic neurologic effects;
• pesticides known to cause birth defects;
• reproductive harm, or developmental harm; or
• pesticides that are persistent in soil.

The Board must review and update this list every five years.

Application of a pesticide in violation of the bill is in violation of and subject to penalties under the Washington Pesticide Application Act.

Substitute Bill Compared to Original Bill:

The substitute bill requires the Office of the Superintendent of Public Instruction, in consultation with the DOH and the DOA, to develop a model integrated pest management policy by March 2008 that emphasizes use of non-chemical pest control measures and allows use of high-hazard pesticides only as a last resort. Continuing education for licensed applicators in integrated pest management techniques is identified as a way to help limit the use of high hazard pesticides. The substitute bill refines the list of high hazard products to be developed by the Board. The authorizing authority for single-use waivers is changed from the board of directors of a school district or the superintendent of the district to the principal of a school at his or her facility.

Appropriation: None.

Fiscal Note: Requested January 30, 2007.

Effective Date of Substitute Bill: The bill takes effect 90 days after adjournment of session in which bill is passed.

Staff Summary of Public Testimony:

(In support) We need to take care of our kids in our school environments. Nine school districts are already taking a similar approach to pesticide management. There needs to be a stronger incentive for the remaining school districts. Children are more susceptible to the toxic effects of pesticides. The bill will provide for greater supervisor accountability for how pesticides are used. Alternative products and approaches to pesticides are effective. School districts are very resistant to change and will wait out concerned parents.

(Opposed) The bill is another unfunded mandate. It will ban almost all pesticides at schools. The use of an integrated pest management approach needs to be considered. The bill may increase reliance on unstudied and unregulated alternatives. The broad definition of high hazard pesticides is a concern. The method of pesticide application, increased costs, and labor requirements need to be taken into account. The bill ties the hands of pesticide applicators. Risk is a function of toxicity and exposure. The method of pesticide application and potential for exposure need to be taken into account.

Persons Testifying: (In support) Greg Small, Washington Toxics Coalition; Ruth Shearer; Liesl Zappler; Eddie Tates; Maria Mason, Coalition for Environmentally Safe Schools; Therese Cushing; Kate Vidales; Aleia Webb; and Ellen Zito.

(Opposed) Mitch Denning, Alliance of education Associations; Heather Hansen, Washington Friends of Farms and Forests; Dan Coyne, Responsible Industry for a Sound Environment; and Larry Treleven.

Persons Signed In To Testify But Not Testifying: None.