BILL NUMBER: AB 1177	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Bocanegra

                        FEBRUARY 22, 2013

   An act to amend Sections 8698, 8698.1, and 8698.6 of the Business
and Professions Code, relating to structural fumigation.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1177, as introduced, Bocanegra. Structural fumigation.
   Existing law, until January 1, 2014, establishes a structural
fumigation enforcement program that requires the Director of the
Department of Pesticide Regulation to provide oversight for the
program. 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 perform increased structural fumigation,
inspection, and enforcement activities, to be funded by fees paid by
any person who performs a structural fumigation in those counties,
as specified. Existing law, until January 1, 2014, authorizes the
director to adopt regulations to carry out those provisions, and to
levy a civil penalty against persons violating those provisions or
regulations, as specified. Existing law provides that the funds
collected from the fees shall be paid to the county and used for the
sole purpose of funding enforcement and training activities directly
related to the structural fumigation program.
   This bill would extend the operation of these provisions until
January 1, 2018, but remove Santa Clara County from the program.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  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 may perform increased structural
fumigation, inspection, and enforcement activities, to be funded by
the five dollar ($5) fee collected pursuant to Section 8698.1.
  SEC. 2.  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.  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   2018  , and as of that date is
repealed, unless a later enacted statute, which is chaptered before
January 1,  2014  2018  , deletes or
extends that date.