Amended in Senate June 25, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1177

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 amended, 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 begin delete fees end delete begin insert a $5 fee end insert 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 begin insert increase the fee described above from $5 to $8, and would end insert extend the operation of these provisions until January 1, 2018, but begin insert would end insert 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, and the San Diego
County Agricultural Commissioner may perform increased
structural fumigation, inspection, and enforcement activities, to
be funded by the begin delete five dollar ($5) end delete begin insert eight- end insert begin insert dollar ($8) end insert 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, or San Diego County
shall pay to the county agricultural commissioner a fee of begin delete five
dollars ($5) end delete begin insert eight dollars ($8) end insert 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, 2018, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2018, deletes or
extends that date.