BILL ANALYSIS Ó
AB 1177
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Date of Hearing: May 8, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 1177 (Bocanegra) - As Introduced: February 22, 2013
Policy Committee: Business and
Professions Vote: 12 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill extends the sunset date for the Structural Fumigation
Enforcement Program (SFEP) under the Department of Pesticide
Regulation (DPR) for Los Angeles, Orange and San Diego Counties
until January 1, 2018, and removes Santa Clara County from the
program.
FISCAL EFFECT
There are no significant costs associated with extending this
program. Pest control businesses agree to pay an additional fee
to the counties in return for increased inspections and
oversight.
COMMENTS
1)Rationale . This bill would extend the sunset date for the SFEP
by four years to January 1, 2018, which would allow the county
agricultural commissioners (CACs) of Los Angeles, Orange and
San Diego Counties to continue to collect a $5 fee for each
fumigation treatment performed in a household or structure
within those respective counties to fund local structural
fumigation enforcement and research activities. This bill also
removes Santa Clara County from the SFEP.
The author notes that absent this legislation, the SFEP lapses
January 1, 2014. This bill allows for the CACs of Los Angeles,
Orange and San Diego Counties to continue contracting with the
Director of the DPR to perform fumigation, inspection and
enforcement activities.
AB 1177
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2)Structural Fumigation Enforcement Program (SFEP) . The SFEP
regulates the structural fumigation industry and DPR inspects
fumigation companies to ensure regulatory compliance and
protect the public, industry workers, and the environment.
Any person who performs a structural fumigation in Los
Angeles, Orange, Santa Clara, and San Diego Counties must pay
the county agricultural commissioner a fee of five dollars for
each treatment.
DPR uses fee-generated revenue to increase monitoring of
pesticide use through undercover inspections and surveillance.
While the DPR licenses and regulates commercial applicators,
dealers, consultants, and other pesticide professionals
statewide, the SFEP originated from an increased need to
enforce local structural pest control fumigation laws in
counties where most fumigations are performed by collecting
fees for more inspectors and research on safer pest control
methods.
3)Background . This program was established in 1993 as a two-year
pilot in Los Angeles County only. Since that time, Orange
County, Santa Clara County, and San Diego County have been
added to the program and the sunset has been extended several
times and then was eliminated by SB 230 (Figueroa)/Chapter 42
of 2006. In 2007, AB 126 (Beall)/Chapter 379 extended the
program to include Santa Clara County and re-established a
sunset date of January 1, 2010. In 2008, AB 2223
(Horton)/Chapter 450 added San Diego County and extended the
program to January 1, 2011.
4)Why Remove Santa Clara County ? According to industry
representatives, at this time Santa Clara County's inspection
program is not robust enough to justify the continued use of
the industry self-assessment as a funding source. The
recession, budget cuts and personnel changes within the county
have negatively affected the county's inspection program such
that it is not presently an effective use of industry funds.
Discussions between the industry and the county are ongoing
and there is optimism that as the new county agricultural
commissioner settles in and develops a stronger relationship
with the industry that both can work together to bring Santa
Clara County back in to the program.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
AB 1177
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319-2081