Amended in Senate August 13, 2013

Amended in Senate June 25, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 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 a $5 fee 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 increase the fee described above from $5 to $8, and would extend the operation of these provisions until January 1,begin delete 2018, but would remove Santa Clara County from the program.end deletebegin insert 2018.end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 8698 of the Business and Professions
2Code
is amended to read:

3

8698.  

The Director of the Department of Pesticide Regulation
4shall provide oversight for the purposes of carrying out Section
58698.1. The Los Angeles County Agricultural Commissioner, the
6Orange County Agricultural Commissioner,begin insert the Santa Clara
7County Agricultural Commissioner,end insert
and the San Diego County
8Agricultural Commissioner may perform increased structural
9fumigation, inspection, and enforcement activities, to be funded
10by the eight-dollar ($8) fee collected pursuant to Section 8698.1.

11

SEC. 2.  

Section 8698.1 of the Business and Professions Code
12 is amended to read:

13

8698.1.  

(a) Any person who performs a structural fumigation
14in Los Angeles County, Orange County,begin insert Santa Clara County,end insert or
15San Diego County shall pay to the county agricultural
16commissioner a fee of eight dollars ($8) for each treatment
17conducted at a specific building or structure.

18(b) The fees shall be submitted by the 10th day of the month
19following the month in which the treatment was performed. The
20fees shall be accompanied by a copy of a monthly pesticide use
21report showing the addresses, including the department number if
22applicable, of all structural fumigations. The report shall be in a
23form required by the director, shall identify the name and address
24of the person or company performing the fumigation, and shall
25include any other information requested by the director.

26

SEC. 3.  

Section 8698.6 of the Business and Professions Code
27 is amended to read:

28

8698.6.  

This chapter shall remain in effect only until January
291, 2018, and as of that date is repealed, unless a later enacted
P3    1statute, which is chaptered before January 1, 2018, deletes or
2extends that date.



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