BILL NUMBER: AB 1736 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN ASSEMBLY APRIL 7, 2010
AMENDED IN ASSEMBLY MARCH 4, 2010
INTRODUCED BY Assembly Members Ma and Tom Berryhill
FEBRUARY 4, 2010
An act to amend Sections 8522, 8525, 8536, 8698,
8698.1, and 8698.6 of the Business and Professions Code, relating to
structural fumigation Department of Pesticide
Regulation .
LEGISLATIVE COUNSEL'S DIGEST
AB 1736, as amended, Ma. Department of Pesticide Regulation:
Structural Pest Control Board: Structural Fumigation
Enforcement Program.
(1) Existing law provides for the licensure and regulation of
structural pest control operators by the Structural Pest Control
Board within the Department of Pesticide Regulation.
Under existing law, the board consists of 7 members, with
appointments by, among others, the Governor. Under existing law, each
board member holds office until the appointment and qualification of
his or her successor or until one year after the expiration of the
term for which he or she was appointed, whichever first occurs.
Existing law provides that each appointment is for a 4-year term
expiring June 1 of the 4th year following the year in which the
previous term expires, or with respect to licensee members, the
4-year term expires on January 15th.
This bill would specify that the Governor appoints the 3 licensed
members. Under the bill, each member would hold office until the
appointment of his or her successor, not to exceed one year from the
expiration of the term for which he or she was appointed, and each
appointment would be for a 4-year term expiring after either the date
of the appointment or the date a previous term expired.
With respect to the Governor's appointments, the bill would
require the Governor to appoint members based on nominations received
by the Director of Pesticide Regulation soliciting nominations from
specified interested parties. The bill would require the director to
solicit these nominations by mailing interested parties a notice as
well as by posting a notice on the department's Internet Web site.
The bill would require these nominations to be in writing and would
require them to contain certain information and to be mailed to the
director and be made available to the Governor and the director.
Existing law prohibits a manufacturer, his or her agents or
employees, or any person who is a consultant of or connected with any
manufacturer, from being charged with the enforcement or execution
of any of the structural pest control operator provisions.
This bill would prohibit such a manufacturer from being appointed
to the board.
Existing law requires the board to consult with the department
when developing or adopting regulations that may affect the
department or the county agricultural commissioner's specified
responsibilities.
This bill would delete that provision.
Until
(2) Until January 1, 2011,
existing law authorizes the Los Angeles County Agricultural
Commissioner, the Orange County Agricultural Commissioner, the Santa
Clara County Agricultural Commissioner, and the San Diego County
Agricultural Commissioner to contract with the Director of the
Department of Pesticide Regulation to perform increased structural
fumigation, inspection, and enforcement activities in Los Angeles
County, Orange County, Santa Clara County, and San Diego County.
Existing law requires any person who performs a structural fumigation
in any of the contracting counties to pay a specified fee to the
county agricultural commissioner.
This bill would instead require authorize
the Los Angeles County Agricultural Commissioner, the Orange
County Agricultural Commissioner, the Santa Clara County Agricultural
Commissioner, and the San Diego County Agricultural Commissioner to
perform those services, and would require the director to provide
oversight. The bill would also extend the operation of these
provisions to January 1, 2014. By imposing new duties on
those county commissioners, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes no .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8522 of the Business
and Professions Code is amended to read:
8522. (a) Members of the board shall be
appointed for a term of four years, subject to removal by the
appointing power at his or her pleasure.
Vacancies
(b) Vacancies shall be filled by
the appointing power for the unexpired term.
Each
(c) Each member shall hold office
until the appointment and qualification of his or
her successor or until one year shall have elapsed since
not to exceed one year from the expiration of
the term for which he or she was appointed , whichever first
occurs . No person shall serve as a member of the board
for more than two consecutive terms.
Each
(d) Each appointment shall be for
a four-year term expiring June 1 of the fourth year
following the year in which the previous term expires
four years after either the date of the appointment or the
date a previous term expired .
The
(e) From the nominations received
pursuant to subdivision (f), the Governor shall
appoint two of the public members and the two
three licensed members qualified as provided in Section 8521.
The Senate Rules Committee on Rules and
the Speaker of the Assembly shall each appoint a public member, and
their initial appointment shall be made to fill, respectively, the
first and second public member vacancies which
that occur on or after January 1, 1983.
The Governor shall appoint the member who is a licentiate of the
board provided at the 1983 portion of the 1983-84 Regular Session of
the Legislature on or before January 15, 1984, and that member's term
shall expire on January 15, 1988. Each appointment thereafter shall
be for a four-year term expiring on January 15th.
(f) (1) At least 60 days prior to the appointment by the Governor
of a public member or licensed member to the board, the director
shall solicit nominations to the board from interested parties by
mailing them a notice and by posting a notice on the department's
Internet Web site. Interested parties include, but are not limited
to, members or representatives from the structural pest control
industry and organizations representing consumer, environmental, and
real estate interests.
(2) All nominations shall be made in writing and shall include (A)
the name and address of each nominee, (B) if an operator, his or her
license number, and (C) the name, address, and affiliation, if any,
of the nominator.
(3) The nominations shall be mailed to the director and shall be
made available to the Governor and the director.
SEC. 2. Section 8525 of the Business
and Professions Code is amended to read:
8525. The board, subject to the approval of the director, may, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, adopt, amend,
repeal, and enforce reasonably necessary rules and regulations
relating to the practice of pest control and its various branches as
established by Section 8560 and the administration of this chapter.
The board shall also consult with the Department of Pesticide
Regulation when developing or adopting regulations that may affect
the Department of Pesticide Regulation or the county agricultural
commissioner's responsibilities pursuant to Division 7 (commencing
with Section 12501) of the Food and Agricultural Code.
SEC. 3. Section 8536 of the Business
and Professions Code is amended to read:
8536. No manufacturer, his or her agents or employees,
nor any person who is a consultant of or connected with any
manufacturer, shall be charged with the enforcement or
execution of any of the provisions of this chapter
appointed to the board .
SECTION 1. SEC. 4. Section 8698 of
the Business and Professions Code is amended to read:
8698. The Director of the Department of Pesticide Regulation
shall provide oversight for the purposes of carrying out Section
8698.1. The Los Angeles County Agricultural Commissioner, the Orange
County Agricultural Commissioner, the Santa Clara County Agricultural
Commissioner, and the San Diego County Agricultural Commissioner
shall may perform increased structural
fumigation, inspection, and enforcement activities, funded
by the moneys collected pursuant to this chapter.
activities, to be funded by the five dollar ($5) fee collected
pursuant to Section 8698.1.
SEC. 2. SEC. 5. Section 8698.1 of
the Business and Professions Code is amended to read:
8698.1. (a) Any person who performs a structural fumigation in
Los Angeles County, Orange County, Santa Clara County, or San Diego
County shall pay to the county agricultural commissioner a fee of
five dollars ($5) for each treatment conducted at a specific building
or structure.
(b) The fees shall be submitted by the 10th day of the month
following the month in which the treatment was performed. The fees
shall be accompanied by a copy of a monthly pesticide use report
showing the addresses, including the department number if applicable,
of all structural fumigations. The report shall be in a form
required by the director, shall identify the name and address of the
person or company performing the fumigation, and shall include any
other information requested by the director.
SEC. 3. SEC. 6. Section 8698.6 of
the Business and Professions Code is amended to read:
8698.6. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2014, deletes or
extends that date.
SEC. 4. No reimbursement is required by this
act pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.
____
CORRECTIONS Digest--Page 3.
____