Friday, October 01, 2004

 

Pesticide bill is signed by governor

Applicators would help pay medical costs under the new law.

By Jennifer M. Fitzenberger / BEE CAPITOL BUREAU

(Updated Friday, October 1, 2004, 5:57 AM)

SACRAMENTO — Pesticide applicators will help pay the medical bills of Californians sickened by sloppy sprays under a bill signed Thursday by Gov. Schwarzenegger.

Senate Bill 391, by state Sen. Dean Florez, also calls for local agencies to include drift scenarios in their emergency response plans.

Schwarzenegger said the bill makes sure victims will get immediate medical treatment and receive prompt payment for their expenses. "It also squarely places the financial burden to pay for acute medical costs on those businesses that create harm," the governor said during a signing statement.

Florez, D-Shafter, said the Republican governor's approval is an indication that Schwarzenegger is willing to work across party lines. "He isn't just going to listen every single time to agribusiness. He can make up his mind independently," Florez said of the governor. "He did something today that protects farmworkers, their families and people who live in small Valley towns."

Farmers were against the bill. They worry that insurance companies will raise their premiums, and they say it creates a system ripe for fraud and abuse.

Schwarzenegger said he is concerned that liability provisions in SB 391 might be viewed as overly broad and could make it hard for some to get insurance. "These provisions need to be addressed in follow-up legislation to remediate these unintended consequences," he said.

Florez said he does not expect insurance premiums to increase, but he said he will do what is necessary to "make the law more appropriate."

Manuel Cunha, president of the Nisei Farmers League in Fresno, said he is confident Schwarzenegger will monitor the law to make sure it isn't abused.

Said agriculture lobbyist Louie Brown: "All in all, I think the governor did great work for agriculture. This is just one of those we didn't agree with, and we'll just have to learn to deal with now."

According to bill proponents, several hundred pesticide applications have gone askew in the past four years, exposing more than 1,000 people to chemicals that caused short- and long-term illnesses.

Some victims were left with hundreds of dollars in medical bills they couldn't afford and, in some cases, they were refused treatment because they didn't have health insurance.

Several high-profile pesticide drifts have occurred in the central San Joaquin Valley, including one in 1999 that sickened several Earlimart residents.

Marc Grossman, a spokesman for the United Farm Workers of America, said people who get sick often are victimized twice: "The first time they're poisoned by the pesticide drift. They're victimized a second time when they get stuck with the bill for emergency and medical care because they were poisoned."

SB 391 will benefit people who live near pesticide drifts. Farmworkers who get sick on the job are covered by workers' compensation.

Said Martha Guzman of the California Rural Legal Assistance Foundation: "This is obviously a very good first step that will help future victims of pesticide drift from, at a minimum, having to pay for their acute medical costs."


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