BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Kevin de León, Chair
AB 1177 (Bocanegra) - Structural Fumigation
Amended: August 13, 2013 Policy Vote: Business &
Professions 10-0
Urgency: No Mandate: No
Hearing Date: August 26, 2013
Consultant: Jacqueline Wong-Hernandez
This bill does not meet the criteria for referral to the
Suspense File.
Bill Summary: AB 1177 extends the sunset date for the Structural
Fumigation Enforcement Program (SFEP) under the Department of
Pesticide Regulation (DPR) for Los Angeles, Orange, San Diego,
and Santa Clara counties until January 1, 2018. This bill also
increases the fees paid to the county agricultural commissions
by fumigation companies to $8 for each structural fumigation.
Fiscal Impact: Extending the sunset on this fee-funded program
will not result in new state costs. Increasing the fee on
businesses performing structural fumigations will result in a
significant revenue increase; that revenue will be used by the
DPR for enforcement activities.
Background: "Fumigation" is the use of a substance to destroy
plant and animal life within an enclosed space. "Structural
fumigation" is the fumigation of houses or other structures,
such as railroad cars, ships, docks, trucks, and airplanes.
Structural fumigation is regulated primarily because it utilizes
large quantities of toxic chemicals which, if used incorrectly,
can result poisoning and cause illness or death in humans
(usually inhabitants returning to their homes after structural
fumigation).
The SFEP exercises oversight of 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
$5 for each treatment.
AB 1177 (Bocanegra)
Page 1
DPR uses fee-generated revenue to increase monitoring of
pesticide use through undercover inspections and surveillance
use this fee-generated revenue to increase monitoring of
pesticide use in structural fumigations through undercover
inspections and surveillance in the participating counties. The
SFEP was originally established in 1993 as a 2-year pilot
project in Los Angeles County, and the sunset date has been
extended a several times since then. In 1996, the pilot project
status was removed and the SFEP was expanded to include Orange
and San Diego counties. In 2007 the Santa Clara County was added
to the SFEP.
Proposed Law: AB 1177 extends the sunset date for the SFEP for
Los Angeles, Orange, San Diego, and Santa Clara counties from
January 1, 2014 to until January 1, 2018. This bill also
increases the fees paid to the county agricultural commissions
by structural fumigation companies to $8 for each structural
fumigation, which are remitted to the DPR for enforcement
activities.
Staff Comments: This bill extends the sunset on an existing DPR
program, the SFEP, which is fee-funded. This bill also increases
the current fee level of $5, which was set in 1993, to $8 per
structural fumigation. Increasing the fee on businesses
performing structural fumigations will allow the DPR to pay for
additional inspections and expanded oversight of structural
fumigation businesses.