Amended in Assembly April 21, 2014

Amended in Assembly April 2, 2014

Amended in Assembly March 11, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1685

Introduced by Assembly Member Williams

February 13, 2014

An act to amend Sections 8538, 8564.5, 8593, 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 begin delete mail end delete begin insert mail, end insert in addition to the currently authorized begin delete methods end delete begin insert methods, if an electronic mailing address has been provided end 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.

This bill would instead authorize the board to charge a fee in an amount sufficient to cover the reasonable regulatory cost of administering the begin delete examination end delete begin insert examination, not to exceed $60 end insert .

Existing law requires, as a condition of renewal of each operator’s and field representative’s license, that the holder submit proof of continuing education, as specified. Existing law authorizes the person, in lieu of that requirement, to take and successfully complete an examination given by the board to test his or her knowledge of development in the field of pest control since the issuance of his or her license. Existing law authorizes the board to charge a fee for the taking of an examination in each branch of pest control in an amount sufficient to cover the cost of administering the examination, but in no event to exceed $50 for each examination.

This bill would authorize the board to charge a fee for administering an examination in each branch of pest control in an amount sufficient to cover the reasonable regulatory cost of administering the examination and would remove the $50 fee limit.

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 1.  

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

8538.  

(a) A registered structural pest control company shall
provide the owner, or owner’s agent, and tenant of the premises
for which the work is to be done with clear written notice which
contains the following statements and information using words
with common and everyday meaning:

(1) The pest to be controlled.

(2) The pesticide or pesticides proposed to be used, and the
active ingredient or ingredients.

(3) “State law requires that you be given the following
information: CAUTION--PESTICIDES ARE TOXIC
CHEMICALS. Structural Pest Control Companies are registered
and regulated by the Structural Pest Control Board, and apply
pesticides which are registered and approved for use by the
California Department of Pesticide Regulation and the United
States Environmental Protection Agency. Registration is granted
when the state finds that, based on existing scientific evidence,
there are no appreciable risks if proper use conditions are followed
or that the risks are outweighed by the benefits. The degree of risk
depends upon the degree of exposure, so exposure should be
minimized.

“If within 24 hours following application you experience
symptoms similar to common seasonal illness comparable to the
flu, contact your physician or poison control center (telephone
number) and your pest control company immediately.” (This
statement shall be modified to include any other symptoms of
overexposure which are not typical of influenza.)

“For further information, contact any of the following: Your
Pest Control Company (telephone number); for Health
Questions--the County Health Department (telephone number);
for Application Information--the County Agricultural
Commissioner (telephone number), and for Regulatory
Information--the Structural Pest Control Board (telephone number
and address).”

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

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

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

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

(1) First-class or electronic mail begin insert , if an electronic mailing address
has been provided end insert .

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

(3) Personal delivery.

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

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

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

SEC. 2.  

Section 8564.5 of the Business and Professions Code
is amended to read:

8564.5.  

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

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

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

(d) The board may charge a fee for any examination required
by this section in an amount sufficient to cover the reasonable
regulatory cost of administering the begin delete examination end delete begin insert examination, but
not to exceed the amount set forth in subdivision (k) of Section
8674 end insert .

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

SEC. 3.  

Section 8593 of the Business and Professions Code is
amended to read:

8593.  

(a) The board shall require as a condition to the renewal
of each operator’s and field representative’s license that the holder
submit proof satisfactory to the board that he or she has informed
himself or herself of developments in the field of pest control either
by completion of courses of continuing education in pest control
approved by the board or equivalent activity approved by the board.
In lieu of submitting that proof, the licenseholder, if he or she so
desires, may take and successfully complete an examination given
by the board, designed to test his or her knowledge of developments
in the field of pest control since the issuance of his or her license.

(b) The board shall develop a correspondence course or courses
with any educational institution or institutions as it deems
appropriate. This course may be used to fulfill the requirements
of this section. The institution may charge a reasonable fee for
each course.

(c) The board may charge a fee for the taking of an examination
in each branch of pest control pursuant to this section in an amount
sufficient to cover the reasonable regulatory cost of administering
each examination.

SEC. 4.  

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

8674.  

The fees prescribed by this chapter are the following:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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