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: 1/22/08 [DP3S].

HOUSE SELECT COMMITTEE ON ENVIRONMENTAL HEALTH

Majority Report: The third substitute bill be substituted therefor and the third 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 2 members: Representatives Sump, Ranking Minority Member and Newhouse.

Staff: Ashley Pedersen (786-7303).

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

The IPM Institute of North America, Inc. is a non-profit organization formed in 1998 that is funded by grants from government, private foundations and industry, memberships and fees for services and programs. The IPM Institute provides services such as integrated pest management research, standards development, program management and inspector training and certification. The IPM Institute operates certification programs for integrated pest management professionals, schools and other organizations and integrated pest management products and services.

The IPM Institute's IPM STAR Certification Program is a program designed for childcare centers and schools. The program entails the organization establishing a formal schedule for integrated pest management evaluation, planning and training; receiving regular feedback on the integrated pest management program from a professional; and creating an ongoing focus on pest and pesticide risk reduction.

Summary of Third Substitute Bill:

By January 1, 2009 the Washington State School Directors' Association, in consultation with the Department of Health and the Department of Agriculture, must develop a model integrated pest management policy.

The model integrated pest management policy must incorporate the "IPM Standards for Schools: Tactics and Resources for Reducing Pest and Pesticide Risks in Schools and Other Sensitive Environments" as published by the IPM Institute of North America, Inc.

By September 1, 2009 each school district must: (1) have adopted an integrated pest management policy; and (2) begin implementation of an integrated pest management program that is based on the model integrated pest management policy.

By September 1, 2013 each school district must obtain the IPM STAR Certification pursuant to the "IPM Standards for Schools: Tactics and Resources for Reducing Pest and Pesticide Risks in Schools and Other Sensitive Environments."

Any appropriation for the purposes of providing technical assistance to school districts will go to the Washington State University Urban Integrated Pest Management Program.

Third Substitute Bill Compared to Original Bill:

The third substitute bill makes the following changes:

• removes the requirement that the State Board of Health develop a list of high hazard products;
• removes the provisions regarding a single-use waivers;
• changes the entity responsible for developing the model integrated pest management policy from the Office of the Superintendent of Public Instruction to the School Director's Association;
• adds the requirement that the model integrated pest management policy incorporate the "IPM Standards for Schools: Tactics and Resources for Reducing Pest and Pesticide Risks in Schools and Other Sensitive Environments" as published by the IPM Institute of North America, Inc.;
• requires each school district adopt an integrated pest management policy and implement an integrated pest management program;
• requires that each school district obtain the IPM STAR Certification; and
• provides that any appropriation from the General Fund for the purposes of providing technical assistance to each school district regarding implementation of each school district's integrated pest management program go to the Washington State University Urban Integrated Pest Management Program.

Appropriation: None.

Fiscal Note: Available.

Effective Date of Third 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 their school environments. Children are more susceptible to the toxic effects of pesticides. Integrated pest management programs using the IPM Standards as published by the IPM Institute of North America, Inc., have already been successfully implemented in at least three Washington schools. The IPM Standards are user friendly and can be implemented at minimal cost to the school districts. The IPM Standards are not too long for the average person to read and understand. School districts can utilize their existing staff in order to implement the IPM Standards. Technical assistance to the schools from Washington State University is necessary for successful implementation of the IMP Standards. Four years is an appropriate amount of time to allow for the schools to reach the IPM STAR Certification.

(Neutral) We are sympathetic to the concerns of maintenance officials and to concerns regarding the fiscal implications of the bill. The School Directors' Association will develop model integrated pest management policies whether or not the bill passes. The appropriation in the proposed third substitute is necessary for the successful implementation of the bill.

(Opposed) The bill is an unfunded mandate. We currently have rules that are established to protect children and to allow maintenance to manage weeds and pests at schools. Limiting the use of pesticides at schools will affect the appearance of schools and the curb appeal of schools. It will cost thousands of extra dollars to maintain the sports fields without the use of herbicides. It will be too costly for many schools to obtain the IPM STAR Certification. The IPM Standards may not allow schools to use the stronger chemicals that may be required in certain situations. Integrated pest management may not effectively address problems with rodents and the re-emerging bed bugs infestation problems. The IPM Standards publication is too long for the average person to read and understand.

Persons Testifying: (In support) Representative Pedersen, prime sponsor; Nick Federici, Washington Toxics Coalition; Greg Gruenfelder, Department of Health; Rich Morrisey, Department of Health; Carrie Foss, Washington State University; Heather Hansen, Washington Friends of Farms and Forests; Larry Treleven, Washington Pest Control Association Advisory Board; Dan Coyne, Crop Life America and Responsible Industries for a Sound Environment; and George Bryant, Vancouver School District.

(Neutral) Dan Steele, Washington State School Directors' Association.

(Opposed) Mitch Denning, Washington Association of Maintenance Operator Administrators; and Larry Quarnstrom, Washington Association of Maintenance Operator Administrators.

Persons Signed In To Testify But Not Testifying: None.