BILL ANALYSIS Ó AB 1177 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1177 (Bocanegra) As Amended September 6, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |71-1 |(May 24, 2013) |SENATE: |33-3 |(September 11, | | | | | | |2013) | ----------------------------------------------------------------- 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 Page 2 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 Page 3 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