Amended in Assembly March 11, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1685


Introduced by Assembly Member Williams

February 13, 2014


An act to amend Sections 8538begin insert, 8564.5,end insert and 8674 of the Business and Professions Code, relating to business.

LEGISLATIVE COUNSEL’S DIGEST

AB 1685, as amended, 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.

begin insert

Existing law authorizes an individual who is 18 years of age or older to apply for a license as an applicator. Existing law requires the board to ascertain the knowledge of the applicant to apply certain classes of chemicals by means of a written examination and authorizes the board to charge a fee for the examination in an amount sufficient to cover the reasonable cost of administering the exam, not to exceed $15.

end insert
begin insert

This bill would instead authorize the board to charge a fee in an amount sufficient to cover the reasonable regulatory cost of administering the examination.

end insert

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.

begin delete

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 8538 of the Business and Professions
2Code
is amended to read:

3

8538.  

(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
22begin deleteminimized.”end deletebegin insertminimized. end insert

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.)

P3    1“For further information, contact any of the following: Your
2Pest Control Company (telephone number); for Health
3Questions--the County Health Department (telephone number);
4for Application Information--the County Agricultural
5Commissioner (telephone number)begin insert,end insert and for Regulatory
6Information--the Structural Pest Control Board (telephone number
7and address).”

8(4) If a contract for periodic pest control has been executed, the
9frequency with which the treatment is to be done.

10(b) In the case of Branch 1 applications, the notice prescribed
11by subdivision (a) shall be provided at least 48 hours prior to
12application unless fumigation follows inspection by less than 48
13hours.

14In the case of Branch 2 or Branch 3 registered company
15applications, the notice prescribed by subdivision (a) shall be
16provided no later than prior to application.

17In either case, the notice shall be given to the owner, or owner’s
18agent, and tenant, if there is a tenant, in at least one of the following
19ways:

20(1) First-class or electronic mail.

21(2) Posting in a conspicuous place on the real property.

22(3) Personal delivery.

23If the building is commercial or industrial, a notice shall be
24posted in a conspicuous place, unless the owner or owner’s agent
25objects, in addition to any other notification required by this
26section.

27The notice shall only be required to be provided at the time of
28the initial treatment if a contract for periodic service has been
29executed. If the pesticide to be used is changed, another notice
30shall be required to be provided in the manner previously set forth
31herein.

32(c) Any person or licensee who, or registered company which,
33violates any provision of this section is guilty of a misdemeanor
34and is punishable as set forth in Section 8553.

35begin insert

begin insertSEC. end insertbegin insert2end insertbegin insert.end insert  

end insert

begin insertSection 8564.5 of the end insertbegin insertBusiness and Professions Codeend insert
36begin insert is amended to read:end insert

37

8564.5.  

(a) Any individual 18 years of age or older may apply
38for a license as applicator.

39(b) The board shall ascertain by written examination that an
40applicant for a license as applicator in Branch 2 or Branch 3 has
P4    1sufficient knowledge in pesticide equipment, pesticide mixing and
2formulation, pesticide application procedures and pesticide label
3directions.

4(c) Passage of the written examination authorizes an individual
5to apply any chemical substance in Branch 2 or Branch 3.

6(d) The board may charge a fee for any examination required
7by this section in an amount sufficient to cover thebegin insert reasonable
8regulatoryend insert
cost of administering thebegin delete examination, provided,
9however, that the fee shall not exceed fifteen dollars ($15).end delete

10begin insert examination.end insert

11(e) Nothing in this chapter shall prohibit an applicator,
12authorized to apply any chemical substance in Branch 2 or Branch
133 before January 1, 1995, from acting as an applicator pursuant to
14that authorization. Upon expiration of the authorization, an
15applicator’s license shall be required.

16

begin deleteSEC. 2.end delete
17begin insertSEC. 3.end insert  

Section 8674 of the Business and Professions Code is
18amended to read:

19

8674.  

The fees prescribed by this chapter are the following:

20(a) A duplicate license fee of not more than two dollars ($2).

21(b) A fee for filing a change of name of a licensee of not more
22than two dollars ($2).

23(c) An operator’s examination fee of not more than one hundred
24dollars ($100).

25(d) An operator’s license fee of not more than one hundred fifty
26dollars ($150).

27(e) An operator’s license renewal fee of not more than one
28hundred fifty dollars ($150).

29(f) A company registration fee of not more than one hundred
30twenty dollars ($120).

31(g) A branch office registration fee of not more than sixty dollars
32($60).

33(h) A field representative’s examination fee of not more than
34seventy-five dollars ($75).

35(i) A field representative’s license fee of not more than forty-five
36dollars ($45).

37(j) A field representative’s license renewal fee of not more than
38forty-five dollars ($45).

39(k) An applicator’s examination fee of not more than sixty
40dollars ($60).

P5    1(l) An applicator’s license fee of not more than fifty dollars
2($50).

3(m) An applicator’s license renewal fee of not more than fifty
4dollars ($50).

5(n) An activity form fee, per property address, of not more than
6three dollars ($3).

7(o) A fee for certifying a copy of an activity form of not more
8than three dollars ($3).

9(p) A fee for filing a change of a registered company’s name,
10principal office address, or branch office address, qualifying
11manager, or the names of a registered company’s officers, or bond
12or insurance of not more than twenty-five dollars ($25) for each
13change.

14(q) A fee for approval of continuing education providers of not
15more than fifty dollars ($50).

16(r) A pesticide use report filing fee of not more than five dollars
17($5) for each pesticide use report or combination of use reports
18representing a registered structural pest control company’s total
19county pesticide use for the month.

20(s) A fee for approval of continuing education courses of not
21more than twenty-five dollars ($25).

22(t) (1) Any person who pays a fee pursuant to subdivision (r)
23shall, in addition, pay a fee of two dollars ($2) for each pesticide
24use stamp purchased from the board. Notwithstanding any other
25provision of law, the fee established pursuant to this subdivision
26shall be deposited with a bank or other depository approved by
27the Department of Finance and designated by the Research
28Advisory Panel or into the Structural Pest Control Research Fund
29that is hereby continued in existence and continuously appropriated
30to be used only for structural pest control research. If the Research
31Advisory Panel designates that the fees be deposited in an account
32other than the Structural Pest Control Research Fund, any moneys
33in the fund shall be transferred to the designated account.

34(2) Prior to the deposit of any funds, the depository shall enter
35into an agreement with the Department of Consumer Affairs that
36includes, but is not limited to, all of the following requirements:

37(A) The depository shall serve as custodian for the safekeeping
38of the funds.

P6    1(B) Funds deposited in the designated account shall be
2encumbered solely for the exclusive purpose of implementing and
3continuing the program for which they were collected.

4(C) Funds deposited in the designated account shall be subject
5to an audit at least once every two years by an auditor selected by
6the Director of Consumer Affairs. A copy of the audit shall be
7provided to the director within 30 days of completion of the audit.

8(D) The Department of Consumer Affairs shall be reimbursed
9for all expenses it incurs that are reasonably related to
10implementing and continuing the program for which the funds
11were collected in accordance with the agreement.

12(E) A reserve in an amount sufficient to pay for costs arising
13from unanticipated occurrences associated with administration of
14the program shall be maintained in the designated account.

15(3) A charge for administrative expenses of the board in an
16amount not to exceed 5 percent of the amount collected and
17deposited in the Structural Pest Control Research Fund may be
18assessed against the fund. The charge shall be limited to expenses
19directly related to the administration of the fund.

20(4) The board shall, by regulation, establish a five-member
21research advisory panel, including, but not limited to,
22representatives from each of the following: (A) the Structural Pest
23Control Board, (B) the structural pest control industry, (C) the
24Department of Pesticide Regulation, and (D) the University of
25California. The panel, or other entity designated by the board, shall
26solicit on behalf of the board all requests for proposals and present
27to the panel all proposals that meet the criteria established by the
28panel. The panel shall review the proposals and recommend to the
29board which proposals to accept. The recommendations shall be
30accepted upon a two-thirds vote of the board. The board shall direct
31 the panel, or other entity designated by the board, to prepare and
32issue the research contracts and authorize the transfer of funds
33from the Structural Pest Control Research Fund to the applicants
34whose proposals were accepted by the board.

35(5) A charge for requests for proposals, contracts, and
36monitoring of contracted research shall not exceed 5 percent of
37the research funds available each year and shall be paid from the
38Structural Pest Control Research Fund.



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