BILL ANALYSIS �
AB 1177
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1177 (Bocanegra)
As Amended September 6, 2013
Majority vote
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|ASSEMBLY: |71-1 |(May 24, 2013) |SENATE: |33-3 |(September 11, |
| | | | | |2013) |
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Original Committee Reference: B., P. & C.P.
SUMMARY : Extends the sunset date for the Structural Fumigation
Enforcement Program (SFEP) under the Department of Pesticide
Regulation (DPR) for Los Angeles, Orange, Santa Clara and San
Diego Counties to January 1, 2018; increases fees paid under the
program from $5 to $8; revises specified reporting requirements;
and authorizes a county agricultural commissioner to require
payment of delinquent fees as specified.
The Senate amendments :
1)Add the County of Santa Clara back into the SFEP.
2)Increase the program fee from $5 to $8.
3)Replace the word "treatment" with "fumigation."
4)Revise the monthly report that must be submitted to the county
agricultural commissioner to require that it list the
addresses of all locations in that county at which a
structural fumigation was performed during the prior month,
but not the name and address of the person or company
performing the fumigation.
5)Clarify that the Director of DPR may levy a civil penalty
against a company in addition to a person, as specified.
6)Permit a county agricultural commissioner to require full
payment of any delinquent fees due to that county as a
condition to registering a structural pest control licensee to
operate a structural pest control business in that county, as
specified.
7)Make other technical and clarifying changes.
AB 1177
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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
funding enforcement and training activities directly related
to the SFEP. (BPC Section 8698.5)
FISCAL EFFECT : According to the Senate Appropriations
Committee, 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.
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, Santa Clara and San Diego Counties to
continue collect a 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 increases the program fee from $5 to $8.
This bill is author sponsored.
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. It 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
AB 1177
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negatively affecting the reputation of the 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 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. The SFEP was expanded
in 1996 to include Orange and San Diego Counties, and Santa
Clara County was added in 2007. 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.
Analysis Prepared by : Elissa Silva / B., P. & C.P. / (916)
319-3301
FN: 0002732