BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  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