Regulation to Address Pesticide Use Near Schools and Child Day Care Facilities December 2017

Outline Objectives of the Regulations Section 6690: scope of regulation and definitions Section 6691: application restrictions Section 6692: annual notification Implementation issues This is where you can talk about the Public Comment period and all of the open public forums that were give throughout the State. OAL approved the following regulations on November 7th. The slides follow the guidance document pretty closely. The guidance document is still draft and the fact sheets are not included. The guidance document will be finalized by December 1, 2017, along with the annual notification templates.

Objectives of regulation Provide minimum standards for applications near school sites Provide extra margin of safety in case of unintended drift Increase communication between growers and school sites Provide information to school sites for emergency preparedness Guidance document page 3

Section 6690 – scope and definitions: pesticide applications included Regulation includes pesticide applications for production of an agricultural commodity within ¼ mile (1,320 feet) of a school-site Includes applications of adjuvants and 25(b) pesticides Includes applications to school farms that produce agricultural commodities Excludes non-production agriculture applications Excludes non-agricultural applications Guidance document pages 16-17

Section 6690 – scope and definitions: ¼ mile Regulation includes pesticide applications for production of an agricultural commodity within ¼ mile (1,320 feet) of a school site Distance measured from treated area to areas of school site property used by children Mon-Fri 6am-6pm Distance can be measured from part of a field Normally use horizontal distance, but can account for unusual topography Guidance document page 17

Section 6690 – scope and definitions: definition of school sites Regulation includes pesticide applications for production of an agricultural commodity within ¼ mile (1,320 feet) of a school site Public K-12 schools, including publicly-funded charter schools Excludes private schools Excludes colleges/universities, even if K-12 students attend Includes defined K-12 school located on a college campus Licensed child day care facilities, except family day care homes, as defined by Health and Safety Code Guidance document pages 17-19

Section 6690 – scope and definitions: school site areas included Includes areas of school site property used by children on weekdays Includes other property identified by county agricultural commissioner (CAC): Parks adjacent to schools that are used by schools for recess, sports, etc., particularly if there is a MOU Excludes vehicles or bus stops outside property A 3-party agreement will be needed to include other properties as a school site when they are not adjacent parks. Guidance document page 18

Section 6690 – scope and definitions: cannabis Cannabis that is cultivated for commercial purposes is an agricultural commodity FIFRA 25(b) pesticides are not exempted from the regulation The regulation applies to cannabis cultivation within ¼ mile of a school site Annual notification is required Application restrictions for outdoor cultivation Guidance document page 19

Outline Background and summary Section 6690: scope of regulation and definitions Section 6691: application restrictions Section 6692: annual notification Implementation issues

Guidance document page 20 Section 6691 – application restrictions: time period of restrictions and responsible parties Application restrictions are in effect Mon – Fri, 6am – 6pm Property operator and applicator are responsible for ensuring compliance Guidance document page 20

Section 6691(a-c) – application restrictions: minimum distance Minimum distance between application and school site depends on drift potential of application ¼ mi for potentially higher drift applications 25 ft for lower drift applications No minimum distance for negligible drift applications Drift potential based on 4 types of pesticides and 9 types of application equipment Guidance document pages 20-23

Section 6691(a-c) – application restrictions: 36 types of applications 4 types of pesticides Dust/powder Fumigant Granule/flake/pellet All other pesticides 9 types of equipment Airblast sprayer Aircraft Backpack sprayer Bait station Ground-rig sprayer Hand pump sprayer Soil injection Sprinkler chemigation All other equipment Guidance document pages 20-21

Drift Class Higher-1/4 mile Aircraft—Fumigant—Airblast—Sprinkler—Dust/powder Lower-25 feet Ground rig sprayer—Field soil injection—All other equipment Negligible-None Enclosed space—Bait stations—Backpack sprayer Hand pump sprayer and Granule, flake, pellet *Also includes applications when no classes are scheduled or day care closed for entire day

Requirement Based on Drift Class Higher Lower Negligible Summary of regulation Type of Requirement Requirement Based on Drift Class Higher Lower Negligible Minimum Distance Between Application and School site, Mon-Fri, 6:00am-6:00pm ¼ mile 25 feet None Annual Notification of Pesticides Expected to be Used Within ¼ mi of School site Yes Grower, school site, and CAC can negotiate agreement that achieves the same or greater level of protection as the regulation For fumigations within ¼ mile of a school site, 36 hours must elapse from end of fumigation until classes start, day care opens Guidance document page 4

Minimum distance from application to school site, Mon – Fri, 6am – 6pm Application Equipment Type Minimum Distance All Other Dust Fumigant Granule Pesticides Airblast Sprayer ¼ mile Labels prohibit No apps Aircraft Backpack Sprayer None Bait Station Ground-Rig Sprayer 25 feet Hand Pump Sprayer Soil Injection Sprinkler Chemigation All Other Equipment “Labels prohibit” means that fumigant labels do not allow the application method indicated. “No apps” means that the combination of pesticide and application equipment is physically impossible. “None” means no minimum distance is required. That combination of pesticide and application equipment is exempted from the application restrictions. Some combinations may not be used now, but are physically possible and could be used in the future. Airblast sprayer or other ground application equipment with a pump that delivers spray into an air stream created by a fan. Equipment modifications do not change the requirements (e.g., electrostatic sprayers) No minimum distance if application in enclosed space (unless fumigant), or no classes scheduled, day care closed Guidance document page 21

Minimum distance from application to school-site, Mon–Fri, 6am–6pm This slide is in their handouts. Guidance document page 22

Guidance document page 24 Section 6691(e) – application restrictions: additional fumigant requirement For field fumigations within ¼ mi of a school site, 36 hours must elapse between the end of fumigation and start of classes or day care facility opens More stringent than fumigant label requirements for “difficult to evacuate” sites Requirement does not apply to non-production ag or non-ag fumigations, including Aluminum phosphide applications to roadways Commodity fumigations, unless on farm Ex. (End fumigation on Sat @ 8pm for class on Mon @ 8am) Guidance document page 24

Section 6691 – application restrictions: Exceptions 6691(c)(1) – No minimum distance for non-fumigant applications in enclosed spaces (defined in section 6000) 6691(d) – No minimum distance when classes are not scheduled for entire day or day care facility is closed for entire day (unless a fumigation) 6691(f) – Exception for 3-party agreements that achieve same or greater level of protection as application restrictions Guidance document pages 23-28

Section 6691(f) – application restrictions: 3-party agreements Responsible parties: Operator of property to be treated School principal or day care administrator CAC Level of protection: same or greater level of protection as provided by the regulation, as determined by 3 parties Duration: until rescinded by any of 3 parties Enforcement: CAC enforces as if regulation DPR does not need to provide input or review of 3-party agreements. Upon request, DPR will assist in preparing or reviewing 3-party agreements. Requests should be submitted to the EBL. Guidance document page 24

Guidance document page 25 Section 6691(f) – application restrictions: recommended sections of 3-party agreements Name, address, identification of school site/daycare, property operator, field/site, and CAC Description of requirements Statement that property operator requirements are binding Statement about rescinding agreement Effective date Signatures Guidance document page 25

Guidance document pages 25-27 Section 6691(f) – application restrictions: possible situations for 3-party agreements Extracurricular/weekend activities Non-production ag or non-ag applications Non-adjacent school site areas Alternate time restrictions Unusual application methods Enclosed space clarification Unusual topography Application-specific notification Unusual topography – as shown in the guidance doc and later slides on CalAgPermits, the ¼ mile distance is normally measured horizontally. The distance can be measured along a slope in some cases. Several foothill counties wanted this option. Others thought this was to complicated and wanted it deleted. Guidance document pages 25-27

Outline Background and summary Section 6690: scope of regulation and definitions Section 6691: application restrictions Section 6692: annual notification Implementation issues

Section 6692 – annual notification: overview CACs must Verify affected property operators, fields/sites, school sites Enforce notification requirements Property operators must Identify affected fields/sites Prepare and submit notifications School sites should Check school site contact info Verify school site location and boundaries All tasks can be accomplished with CalAgPermits Guidance document pages 28-29

Section 6692(a) – annual notification: responsible party and timeline Responsible party: operator of property to be treated CACs may allow pest control business or other person to provide notification on behalf of property operator Timeline Notification provided by April 30th each year Notification includes pesticides expected to be used during upcoming July 1 – June 30 period Different dates for new property operators Guidance document page 30

Section 6692(a)(1) – annual notification: new property operator New property operators (through land purchase or lease) must provide first notification within 30 days of assuming control of property Notification must be provided at least 48 hours prior to use Notification includes list of pesticides expected to be used between the time notification is provided and June 30th of following year (6 – 18 month period) Example 1: notify on 12/30/18, list covers 1/1/19 – 6/30/19 Example 2: notify on 1/2/19, list covers 1/4/19 – 6/30/20 Guidance document page 30

Guidance document page 30 Section 6692(a)(1) – annual notification: possible modified timeline-New Leases People who assume a new lease near the end of the year normally have to provide two notifications, BUT Two notifications can be avoided by providing a list of pesticides through June of the second year, for example Assume control on 11/15/18 Notification provided on 12/15/18 Pesticide list start date is 12/17/18 Pesticide list end date is 6/30/20, instead of 6/30/19 Property operator may want to indicate when lease will end This slide describes an option to provide a single notification instead of 2 overlapping notifications. The option was added based on comments from Monterey because they have many annual leases that begin near the end of the year. This could cause a grower to provide 2 notifications each year, so there is a way to provide just one for the 18 month period. Also see last paragraph of page 30 in the guidance doc for more info. Guidance document page 30

Section 6692(b) – annual notification: people notified Principal of public K-12 school Administrator of child day care facility CAC Guidance document page 31

Guidance document page 31 Section 6692(c) – annual notification: means and content of notification Notification in writing, can be transmitted electronically Notification must include: Summary of regulation and required statements Map showing location of field(s) and school-site/daycare Grower and CAC contact information National Pesticide Information Center (NPIC) website List of pesticides expected to be used Jul-Jun – information for pesticides not on list must be provided at least 48 hrs prior to use Options available to school/day care facility Guidance document page 31

Guidance document page 31 Section 6692(c)(7) – annual notification: pesticides expected to be used Active ingredient(s) – including adjuvants and FIFRA 25(b) pesticides Example product brand name – alternative products containing a listed active ingredient may be used Example registration number Guidance document page 31

Section 6692(c)(8 and 9) – annual notification: required information "This notification is informational only, and includes a list of pesticides expected to be used. Beginning July 1st, 2018, school sites will be informed of pesticides not on the list at least 48 hours prior to their use. The county agricultural commissioner may be contacted for questions or additional information; if violations of these requirements are suspected; or other non-emergency situations.” Description of option to negotiate alternate application restrictions For example, the three parties may establish alternative restrictions to address extracurricular activities that occur during evenings or weekends. A request to discuss alternative restrictions must be sent to the county agricultural commissioner. Guidance document page 32

Section 6692(d) – annual notification: amending pesticide list A complete list of pesticides must eventually be provided Must include pesticides that are exempted from application restrictions (e.g., applied weekends; or enclosed space) Initial list may be amended Active ingredient must be included on list at least 48 hours prior to use – no exceptions Guidance document page 32

Section 6692(e) – annual notification: recordkeeping Property operator must retain notifications for 2 years CACs must retain notifications for 1 year Guidance document page 33

Effective dates Jan 1, 2018: application restrictions effective Mon-Fri>>6am-6pm Apr 1, 2018: notification requirements begin No later than Apr 30th, beginning in 2018: annual notifications must be submitted for Jul-Jun applications

Outline Background and summary Section 6690: scope of regulation and definitions Section 6691: application restrictions Section 6692: annual notification Implementation issues There are 3 phases to the regulation rollout. This notification of the regulation approval is Phase 1. Approved by OAL on 11/7/17. Phase 2 – CaliCo should complete the CalSchoolNotify.org website for school site administrators in 1 – 2 weeks. When that occurs, DPR will mail out fact sheets to all affected school sites, including instructions for CalSchoolNotify.org. Copies will also be sent to CACs and deputies. Phase 3 – CaliCo should complete the CalAgPermits modifications in 2 – 3 weeks. We will notify CACs and deputies, and DPR’s updated schools regulation website will go online at that time. The website will have DPR’s fact sheet for growers/applicators, CalAgPermits instructions, notification templates, the final guidance document, the final training PowerPoint, and other docs.

Implementation issues: CalAgPermits CaliCo is modifying CalAgPermits to: Identify affected school sites and fields Provide notifications Check compliance with requirements CalAgPermits will include separate interfaces for: County agricultural commissioner staff Growers/applicators School sites – CalSchoolNotify.org There are 3 phases to the regulation rollout. Phase 1 was approval of the regulation on Nov 7. We are now starting Phase 2. CaliCo has completed the CalSchoolNotify.org website for school and day care administrators. This website requires a login that is unique to each school/day care, so you will not be able to access, but the same information will be available to CACs when the CalAgPermits modifications are complete in a few weeks. In addition, DPR’s schools regulation website (www.cdpr.ca.gov/schoolnotify/) will be online November 30th, and include: Brief presentation on the regulation Text of the regulation Fact sheet for growers and applicators (attached) Notification templates for people who do not use CalAgPermits Fact sheet for school and day care administrators (attached) CalSchoolNotify.org fact sheet describing the school site administrator website (attached)

Implementation issues: CalAgPermits for CAC Screenshot of draft home page of grower’s CalAgPermits website A new schools notification section has been added that includes a summary status of a grower’s notifications

Implementation issues: CalAgPermits for growers Screenshot of draft grower’s CalAgPermits options School notification info has been added in bottom left Other web pages will enable a grower to prepare a notification, including list of pesticides expected to be used, and to submit a notification to affected school sites and CAC.

Implementation issues: CalAgPermits for growers Screenshot of CalAgPermits map for schools notification School site is outlined in red. ¼ mile distance is shaded in yellow. Fields with any part within ¼ mile are shown in blue Site ID will also appear for each affected field Grower will also be able to see his/her other fields

Implementation issues: CalSchoolNotify Implementation issues: CalSchoolNotify.org for school sites administrators – dashboard Screenshot of CalSchoolNotify dashboard, showing different options and information available to school site administrators, including A map showing school site boundaries and affected fields Contact information and notifications Submittal of a request to negotiate a 3-party agreement Information about the regulation, including regulation text and fact sheets More information about pesticides obtained through links to NPIC and DPR

Implementation issues: CalSchoolNotify Implementation issues: CalSchoolNotify.org for school sites administrators– boundary tab Screenshot of map showing school site boundaries, ¼ mile distance, and affected fields This is the same map that growers and CACs will see School site administrators will be able to map suggested changes to the boundaries and submit to CAC for review A record of boundary changes submitted and reviewed is also shown

Implementation issues: CalSchoolNotify Implementation issues: CalSchoolNotify.org for school sites administrators–notification tab Screenshot of a notification in CalSchoolNotify This screen lists all notifications by grower, both initial notifications and amendments By clicking on links, school site administrator can see the individual notifications

Implementation issues: outreach to school sites DPR’s website: www.cdpr.ca.gov/schoolnotify/ Overview PowerPoint Overview video Other requirements for schools – guidance doc pages 33 – 35 Overview fact sheet for school sites and public – guidance doc pages 36 – 37 CalSchoolNotify fact sheet for school site administrators – guidance doc pages 38 - 39

Implementation issues: outreach to growers DPR’s website: www.cdpr.ca.gov/schoolnotify/ Notification templates Training PowerPoint Grower/applicator fact sheets – guidance doc pages 41 – 44 CACs will need to conduct outreach to affected growers and applicators The grower outreach material will be available on a new DPR website when the regulation is approved The slide shows the first page of an example notification generated by CalAgPermits

Thank You!! Brandi Martin Department of Pesticide Regulation Senior Environmental Scientist-CRO brandi.martin@cdpr.ca.gov 559-297-5424