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.





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                 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