Assembly Bill 1864: Notification and Reporting Requirements for Agricultural Pesticide Use Near Schoolsites

On September 25, 2024, Assembly Bill (AB) 1864 (Chapter 552, Statues of 2024) which adds Article 17.5 (commencing with section 13189) to Chapter 2 of Division 7 of the Food and Agricultural Code (FAC) was signed into law. The Legislature’s findings and the text of the new law.

FAC section 13189.1 directs DPR to require a separate site identification number for the portion of an agricultural field that lies within one-quarter mile of a schoolsite. Additionally for sites within one-quarter mile of a schoolsite, AB 1864 directs DPR to require:

• Agricultural use restricted material permit applications to include:
  • The anticipated method of applying the pesticide as specified in Title 3 of the California Code of Regulations (3 CCR) section 6691.
• Notices of Intent (NOI) to include:
  • Method of applying the pesticide as specified in 3 CCR section 6691; and
  • Allowable dates and time of the period during which the pesticide is to be applied.
• Pesticide Use Reports (PUR) to include:
  • Method of applying the pesticide as specified in 3 CCR section 6691; and
  • The exact date and time of the start and the end of the pesticide application.

Additionally, FAC section 13189.3 directs DPR to adopt regulations to revise 3 CCR section 6690-6692 to apply these provisions to private schools (kindergarten and grades 1-12) serving six or more pupils. FAC section 13189.2 also requires DPR, in evaluating a county’s pesticide use enforcement program, to evaluate the county’s effectiveness in enforcing 3 CCR 6690-6692 and Article 17.5.

DPR is developing and will be adopting regulatory changes to 3 CCR 6690-6692 to provide for the effective implementation, tracking, and enforcement of the provisions of FAC section 13189.1, and to expand the regulatory requirements to private schools as required by FAC section 13189.3. These changes will be subject to the rulemaking process provided by the Administrative Procedures Act. DPR intends to submit a regulatory notice by mid-2025 and expects the provisions of FAC section 13189.1 to be implemented and effective January 1, 2026. The private schoolsite expansion will go into effect on or before December 31, 2026, as required by AB 1864.

While DPR is pursuing rulemaking to implement the new requirements, CACs should continue to follow existing practices for enforcing the current requirements in 3 CCR section 6690-6692.

If you have any questions about the regulatory process for implementing these requirements, or about their implementation, please contact the Enforcement Branch Liaison assigned to your county.

Sincerely,