AB 1685, as introduced, Williams. Structural pest control operators: fees.
Existing law provides for the regulation of registered structural pest control companies by the Structural Pest Control Board. Existing law requires a registered structural pest control company to provide a specified written notice to the owner, or owner’s agent, and the tenant of the premises where pest control work is to be done. Existing law authorizes the notice to be given by first-class mail, posting in a conspicuous place on the real property, or personal mail.
This bill would permit notice to be given by electronic mail in addition to the currently authorized methods.
Existing law provides a comprehensive scheme for the licensure and regulation of structural pest control operators which, among other things, sets forth a fee schedule for licensure and registration of those companies and their personnel who are engaged in structural pest control work.
This bill would increase specified fees paid by structural pest control operators.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 8538 of the Business and Professions
2Code is amended to read:
(a) A registered structural pest control company shall
4provide the owner, or owner’s agent, and tenant of the premises
5for which the work is to be done with clear written notice which
6contains the following statements and information using words
7with common and everyday meaning:
8(1) The pest to be controlled.
9(2) The pesticide or pesticides proposed to be used, and the
10active ingredient or ingredients.
11(3) “State law requires that you be given the following
12information: CAUTION--PESTICIDES ARE TOXIC
13CHEMICALS. Structural Pest Control Companies are registered
14and regulated by the Structural Pest Control Board, and apply
15pesticides which are registered and approved for use by the
16California Department of Pesticide Regulation and the United
17States Environmental Protection Agency. Registration is granted
18when the state finds that, based on existing scientific evidence,
19there are no appreciable risks if proper use conditions are followed
20or that the risks are outweighed by the benefits. The degree of risk
21depends upon the degree of exposure, so exposure should be
23“If within 24 hours following application you experience
24symptoms similar to common seasonal illness comparable to the
25flu, contact your physician or poison control center (telephone
26number) and your pest control company immediately.” (This
27statement shall be modified to include any other symptoms of
28overexposure which are not typical of influenza.)
29“For further information, contact any of the following: Your
30Pest Control Company (telephone number); for Health
31Questions--the County Health Department (telephone number);
32for Application Information--the County Agricultural
33Commissioner (telephone number) and for Regulatory
34Information--the Structural Pest Control Board (telephone number
36(4) If a contract for periodic pest control has been executed, the
37frequency with which the treatment is to be done.
P3 1(b) In the case of Branch 1 applications, the notice prescribed
2by subdivision (a) shall be provided at least 48 hours prior to
3application unless fumigation follows inspection by less than 48
5In the case of Branch 2 or Branch 3 registered company
6applications, the notice prescribed by subdivision (a) shall be
7provided no later than prior to application.
8In either case, the notice shall be given to the owner, or
9agent, and tenant, if there is a tenant, in at least one of the following
11(1) First-class mail.
12(2) Posting in a conspicuous place on the real property.
13(3) Personal delivery.
14If the building is commercial or industrial, a notice shall be
15posted in a conspicuous place, unless the owner or owner’s agent
16objects, in addition to any other notification required by this
18The notice shall only be required to be provided at the time of
19the initial treatment if a contract for periodic service has been
20executed. If the pesticide to be used is changed, another notice
21shall be required to be provided in the manner previously set forth
23(c) Any person or licensee who, or registered company which,
24violates any provision of this section is guilty of a misdemeanor
25and is punishable as set forth in Section 8553.
Section 8674 of the Business and Professions Code is
27amended to read:
The fees prescribed by this chapter are the following:
29(a) A duplicate license fee of not more than two dollars ($2).
30(b) A fee for filing a change of name of a licensee of not more
31than two dollars ($2).
32(c) An operator’s examination fee of not more than
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begin delete ($25)end delete.
34(d) An operator’s license fee of not more than one hundred fifty
36(e) An operator’s license renewal fee of not more than one
37hundred fifty dollars ($150).
38(f) A company registration fee of not more than one hundred
39twenty dollars ($120).
P4 1(g) A branch office registration fee of not more than sixty dollars
3(h) A field representative’s examination fee of not more than
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dollars begin delete ($15)end delete.
5(i) A field representative’s license fee of not more than forty-five
7(j) A field representative’s license renewal fee of not more than
8forty-five dollars ($45).
9(k) An applicator’s examination fee of not more than
begin delete fifteenend delete
begin delete ($15)end delete.
11(l) An applicator’s license fee of not more than fifty dollars
13(m) An applicator’s license renewal fee of not more than fifty
15(n) An activity form fee, per property address, of not more than
16three dollars ($3).
17(o) A fee for certifying a copy of an activity form of not more
18than three dollars ($3).
19(p) A fee for filing a change of a registered company’s name,
20principal office address, or branch office address, qualifying
21manager, or the names of a registered company’s officers, or bond
22or insurance of not more than twenty-five dollars ($25) for each
24(q) A fee for approval of continuing education providers of not
25more than fifty dollars ($50).
26(r) A pesticide use report filing fee of not more than five dollars
27($5) for each pesticide use report or combination of use reports
28representing a registered structural pest control company’s total
29county pesticide use for the month.
30(s) A fee for approval of continuing education courses of not
31more than twenty-five dollars ($25).
32(t) (1) Any person who pays a fee pursuant to subdivision (r)
33shall, in addition, pay a fee of two dollars ($2) for each pesticide
34use stamp purchased from the board. Notwithstanding any other
35provision of law, the fee established pursuant to this subdivision
36shall be deposited with a bank or other depository approved by
37the Department of Finance and designated by the Research
38Advisory Panel or into the Structural Pest Control Research Fund
39that is hereby continued in existence and continuously appropriated
40to be used only for structural pest control research. If the Research
P5 1Advisory Panel designates that the fees be deposited in an account
2other than the Structural Pest Control Research Fund, any moneys
3in the fund shall be transferred to the designated account.
4(2) Prior to the deposit of any funds, the depository shall enter
5into an agreement with the Department of Consumer Affairs that
6includes, but is not limited to, all of the following requirements:
7(A) The depository shall serve as custodian for the safekeeping
8of the funds.
9(B) Funds deposited in the designated account shall be
10encumbered solely for the exclusive purpose of implementing and
11continuing the program for which they were collected.
12(C) Funds deposited in the designated account shall be subject
13to an audit at least once every two years by an auditor selected by
14the Director of Consumer Affairs. A copy of the audit shall be
15provided to the director within 30 days of completion of the audit.
16(D) The Department of Consumer Affairs shall be reimbursed
17for all expenses it incurs that are reasonably related to
18 implementing and continuing the program for which the funds
19were collected in accordance with the agreement.
20(E) A reserve in an amount sufficient to pay for costs arising
21from unanticipated occurrences associated with administration of
22the program shall be maintained in the designated account.
23(3) A charge for administrative expenses of the board in
24amount not to exceed 5 percent of the amount collected and
25deposited in the Structural Pest Control Research Fund may be
26assessed against the fund. The charge shall be limited to expenses
27directly related to the administration of the fund.
28(4) The board shall, by regulation, establish a five-member
29research advisory panel, including, but not limited to,
30representatives from each of the following: (A) the Structural Pest
31Control Board, (B) the structural pest control industry, (C) the
32Department of Pesticide Regulation, and (D) the University of
33California. The panel, or other entity designated by the board, shall
34solicit on behalf of the board all requests for proposals and present
35to the panel all proposals that meet the criteria established by the
36panel. The panel shall review the proposals and recommend to the
37board which proposals to accept. The recommendations shall be
38accepted upon a two-thirds vote of the board. The board shall direct
39 the panel, or other entity designated by the board, to prepare and
40issue the research contracts and authorize the transfer of funds
P6 1from the Structural Pest Control Research Fund to the applicants
2whose proposals were accepted by the board.
3(5) A charge for requests for proposals, contracts, and
4monitoring of contracted research shall not exceed 5 percent of
5the research funds available each year and shall be paid from the
6Structural Pest Control Research Fund.