BILL ANALYSIS AB 1736 Page 1 ASSEMBLY THIRD READING AB 1736 (Ma and Tom Berryhill) As Amended April 7, 2010 Majority vote BUSINESS AND PROFESSIONS 11-0 APPROPRIATIONS 15-0 ----------------------------------------------------------------- |Ayes:|Hayashi, Emmerson, |Ayes:|Fuentes, Conway, Ammiano, | | |Conway, Eng, Hernandez, | |Bradford, Charles | | |Hill, Ma, Nava, Niello, | |Calderon, Coto, | | |Ruskin, Smyth | |De Leon, Hall, Harkey, | | | | |Miller, Nielsen, Skinner, | | | | |Solorio, Torlakson, | | | | |Torrico | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- SUMMARY : Extends the sunset date of the Structural Fumigation Enforcement Program (SFEP) to January 1, 2014. EXISTING LAW : 1)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 Department of Pesticide Regulation (DPR) to perform increased structural fumigation, inspection, and enforcement activities. 2)Requires an individual who performs a structural fumigation treatment in the SFEP, to pay the county agricultural commissioner a fee of $5 for each treatment conducted at a specific building or structure. 3)Sunsets the SFEP on January 1, 2011. FISCAL EFFECT : According to the Assembly Appropriations Committee, there are no significant costs associated with this legislation. COMMENTS : According to the author's office, "AB 1736 will extend the sunset date on the SFEP from January 1, 2011 to AB 1736 Page 2 January 1, 2014. The SFEP provides effective review, control, and enforcement of fumigation regulations in the counties of Orange, San Diego, Santa Clara and Los Angeles. Without this bill the health and safety of workers, the public, and environment will be put at risk [and] enforcement officials [will be unable] to rectify improper or illegal use of fumigants." The SFEP was originally established in 1993 as a two-year pilot project in Los Angeles County. In 1996, the SFEP was expanded to also include Orange County and San Diego Counties. The SFEP regulates the structural fumigation industry and DPR inspects fumigation companies to ensure regulatory compliance and protect the public, industry workers, and the environment. Any person who performs a structural fumigation in Los Angeles, Orange, Santa Clara, and San Diego Counties must pay the county agricultural commissioner a fee of $5 for each treatment. DPR uses fee-generated revenue to increase monitoring of pesticide use through undercover inspections and surveillance. While the DPR licenses and regulates commercial applicators, dealers, consultants, and other pesticide professionals statewide, the SFEP originated from an increased need to enforce local structural pest control fumigation laws in counties where most fumigations are performed by collecting fees for more inspectors and research on safer pest control methods. Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916) 319-3301 FN: 0003999