BILL ANALYSIS SENATE FOOD and AGRICULTURE COMMITTEE Senator Dean Florez, Chairman BILL NO: AB 2122 HEARING: 6/15/10 AUTHOR: Mendoza FISCAL: Yes VERSION: 4/15/10 CONSULTANT: John Chandler Pesticides: regulations: continuing education. BACKGROUND AND EXISTING LAW The Department of Pesticide Regulation (DPR) is responsible for adopting regulations establishing the minimum requirements for education, continuing education, training, experience, and examination for applications of any license or certificate or renewals of any license or certificate issued by DPR. DPR is prohibited from renewing a license or certificate if the applicant has not completed the required continuing education while their license or certificate was valid. DPR is required to establish fees for licenses, certificates, continuing education, examination, and penalties for late payment to support the costs of those programs. Continuing education courses are intended to ensure that licensees and certificate holders remain current in the area of laws and regulations; provide proper, safe and efficient pesticide use; protect public health, the environment and property; and, encourage safe working conditions for agricultural and pest control workers. Pest control advisors (PCA) are licensed by DPR and must have 20 hours of approved continuing education units each year to maintain their license. Licensed applicators (LA) work closely with PCAs in California on application and implementation of pest control practices and are also licensed by DPR and require continuing education hours to maintain their license. PROPOSED LAW AB 2122 would do the following: Require that any regulation or amendment dealing with continuing education for pest management and plant health establish minimum course requirements not limited to the following areas: organic and sustainable practices, water and air monitoring, residue mitigation, maximum residue levels, quarantine practices, and the on-farm storage of fumigants. AB 2122 - Page 2 Require that a regulation or amendment of regulations for continuing education require DPR to approve or reject within 15 days any continuing education courses submitted in accordance with existing law. COMMENTS 1.Supporters of AB 2122 state that this bill would address frustration with the difficulty of the current continuing education process. Many of today's PCAs are advising farmers on a wide range of agricultural practices beyond traditional pest control. AB 2122 would attempt to broaden the continuing education curriculum to address the advances in modern agriculture so PCAs continue to receive the most current and relevant education for agricultural, human, and environmental health. DPR has not significantly updated the core requirements of the program since the mid-1990s. Further, a more reasonable approval timeframe of 15 days for accrediting continuing education courses would help enhance the availability of continuing education to DPR licensees. Many continuing education courses are provided by county PCA groups which seek accreditation from DPR for the courses. Under the current 30-day timeframe DPR uses to approve courses, many PCA groups have difficulty properly planning and administering continuing education courses in a timely manner for their members. 2.The Senate Rules Committee has doubled referred this bill to the Senate Environmental Quality Committee as the second committee of referral. Therefore, if this measure is approved by this committee, the motion should include an action to re-refer the bill to the Senate Committee on Environmental Quality. PRIOR ACTIONS Assembly Floor 75-0 Assembly Appropriations 17-0 Assembly Environmental Safety 8-0 and Toxic Materials Assembly Agriculture 8-0 SUPPORT California Association of Nurseries and Garden Centers AB 2122 - Page 3 California Association of Pest Control Advisers California Certified Organic Farmers California Women for Agriculture OPPOSITION None received