BILL ANALYSIS Ó
AB 1177
Page 1
ASSEMBLY THIRD READING
AB 1177 (Bocanegra)
As Introduced February 22, 2013
Majority vote
BUSINESS & PROFESSIONS 12-0 APPROPRIATIONS 16-1
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|Ayes:|Gordon, Bocanegra, |Ayes:|Gatto, Harkey, Bigelow, |
| |Campos, | |Bocanegra, |
| |Dickinson, Eggman, | |Bradford, Ian Calderon, |
| |Hagman, | |Campos, |
| |Holden, Maienschein, | |Eggman, Gomez, Hall, |
| |Mullin, | |Ammiano, |
| |Skinner, Ting, Wilk | |Linder, Pan, Quirk, |
| | | |Wagner, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | |Nays:|Donnelly |
| | | | |
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SUMMARY : 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
to January 1, 2018, and removes Santa Clara County from the
program.
EXISTING LAW :
1)Authorizes the county agricultural commissioner (CAC) of Los
Angeles, Orange, Santa Clara and San Diego Counties to perform
increased structural fumigation, inspection, and enforcement
activities under the oversight of DPR using fees collected
from each fumigation performed in those counties. (Business
and Professions Code (BPC) Section 8698)
2)Requires an individual who performs a structural fumigation
treatment in Los Angeles, Orange, Santa Clara and San Diego
Counties to pay the respective CAC a $5 fee for each
fumigation treatment conducted at a specific building or
structure. (BPC Section 8698.1)
3)Requires the fees collected by CACs on behalf of the counties
participating in the SFEP to be used for the sole purpose of
AB 1177
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funding enforcement and training activities directly related
to the SFEP. (BPC Section 8698.5)
FISCAL EFFECT : According to the Assembly Appropriations
Committee, "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 : This bill would extend the sunset date for the SFEP
by four years to January 1, 2018, which would allow the 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. This
bill is author sponsored.
"Fumigation" is the use of a substance to destroy plant and
animal life within an enclosed space. Structural fumigation
applies solely to the fumigation of houses or other structures,
such as railroad cars, ships, docks, trucks, and airplanes. It
does not apply to agricultural fumigation. To fumigate a home
or structure, it must be vacated and enclosed with a tent or
tarps, and after a fumigant is released the home or structure
must remain enclosed for a specified period of time to kill the
pests. Afterwards, the home or structure must be properly
ventilated before the inhabitants can return.
Structural fumigation is regulated primarily because it utilizes
large quantities of toxic chemicals, particularly sulfuryl
fluoride. Sulfuryl fluoride is a highly toxic pesticide
fumigant used to control termites and other pests in homes and
other structures. Sulfuryl fluoride is colorless, odorless, and
leaves no residue; if used incorrectly, it can result in
fluoride poisoning and cause illness or death in humans. Los
Angeles, San Diego, and Orange Counties are the top three users
of structural fumigation in the state, based on the total pounds
of sulfuryl fluoride used.
The SFEP was established in 1993 as a two-year pilot project in
Los Angeles County in response to the high number of substandard
structural fumigations being performed in Los Angeles and Orange
Counties that were negatively affecting the reputation of the
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local pest control industry. Problems included operators who
used the wrong fumigant, neglected to follow safety procedures,
or improperly aerated a structure following fumigation. In
response, local pest control industry officials in Los Angeles
asked CACs to increase monitoring and enforcement of the
structural fumigation industry, and the SFEP was created to
fulfill that role in Los Angeles County. The SFEP was expanded
to include Orange and San Diego Counties in 1996, and Santa
Clara County in 2007.
The SFEP is an industry-supported program intended to increase
compliance among pest control operators and protect humans,
animals, plants, and the environment, particularly in areas of
high population density more vulnerable to exposure to toxins
because of poorer ventilation. The SFEP uses its fee-generated
revenues to pay for increased enforcement and training
activities, including hiring additional staff to perform
fumigation inspections, conduct undercover surveillance, and
research safer pest control methods.
Under the SFEP, Los Angeles, Orange, Santa Clara, and San Diego
Counties impose a $5 fee on each county fumigation treatment to
fund increased enforcement and inspection activities.
Analysis Prepared by : Joanna Gin / B.,P. & C.P. / (916)
319-3301
FN: 0000526