Amended in Senate September 6, 2013

Amended in Senate August 13, 2013

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, begin insert 8698.3, end insert and 8698.6 of begin insert , and to add Section 8698.4 to, end insert the Business and Professions Code, begin insert and to add Section 15204.6 to the Food and Agricultural Code, end insert 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. begin insert Existing law requires that the fees be accompanied by a copy of a monthly pesticide use report, as specified. end insert Existing begin delete law, until January 1, 2014, end delete begin insert law end insert 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 begin insert revise the reporting requirements, as specified. The bill would end insert extend the operation of these provisions until January 1, 2018.

begin insert

Existing law requires specified structural pest control licensees to annually register with the agricultural commissioner of a county prior to operating a structural pest control business in that county.

end insert begin insert

This bill would authorize a county agricultural commissioner to require full payment of any delinquent fees due to that county pursuant to the enforcement program described above as a condition to registering a structural pest control licensee to operate a structural pest control business in that county.

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:

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
eight-dollar ($8) 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 begin delete person who end delete begin insert company that end insert 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 eight dollars ($8) for each begin delete treatment end delete
begin insert fumigation end insert conducted at a specific begin delete building or structure end delete begin insert location end insert .

(b) The fees shall be submitted by the 10th day of the month
following the month in which the begin delete treatment end delete begin insert structural fumigation end insert
was performed. The fees shall be accompanied by begin delete 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 end delete begin insert report that lists the addresses of all locations in that
county end insert begin insert at which a structural fumigation was performed during the
prior month end insert .

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 8698.3 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

8698.3.  

(a) The Director of the Department of Pesticide
Regulation may levy a civil penalty against a person begin insert or company end insert
violating this chapter, including any regulation adopted pursuant
to this chapter.

(b) Before a civil penalty is levied, the person charged with the
violation shall receive notice of the nature of the violation and
shall be given an opportunity to be heard, including the right to
review the director’s evidence and a right to present evidence on
his or her own behalf.

(c) Review of the decision of the director may be sought by the
person against whom the penalty was levied, within 30 days of
receiving notice of the decision, pursuant to Section 1094.5 of the
Code of Civil Procedure.

(d) After the exhaustion of the review procedure provided in
this section, the director, or his or her representative, may file a
certified copy of a final decision of the director that directs the
payment of a civil penalty and, if applicable, any order that denies
a petition for a writ of administrative mandamus, with the clerk
of the superior court of any county. Judgment shall be entered
immediately by the clerk in conformity with the decision or order.
No fees shall be charged by the clerk of the superior court for the
performance of any official service required in connection with
the entry of judgment pursuant to this section.

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 8698.4 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 8698.4. end insert   

Pursuant to Section 15204.6 of the Food and
Agricultural Code, a county agricultural commissioner may require
full payment of any delinquent fees due to that county pursuant to
Section 8698.1 as a condition to registering a structural pest
control licensee to operate a structural pest control business in
that county.

end insert

begin delete SEC. 3. end delete
begin insert SEC. 5. end insert   

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.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 15204.6 is added to the end insert begin insert Food and Agricultural
Code end insert begin insert , to read: end insert

begin insert

begin insert 15204.6. end insert   

A commissioner may require full payment of any
delinquent fees due to the county pursuant to Section 8698.1 of
the Business and Professions Code as a condition of registering
a structural pest control licensee to operate a structural pest
control business in that county pursuant to Sections 15204 and
15204.5.

end insert