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        
           
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          |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 


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