BILL NUMBER: AB 1685 CHAPTERED
BILL TEXT
CHAPTER 304
FILED WITH SECRETARY OF STATE SEPTEMBER 9, 2014
APPROVED BY GOVERNOR SEPTEMBER 9, 2014
PASSED THE SENATE AUGUST 11, 2014
PASSED THE ASSEMBLY MAY 8, 2014
AMENDED IN ASSEMBLY APRIL 21, 2014
AMENDED IN ASSEMBLY APRIL 2, 2014
AMENDED IN ASSEMBLY MARCH 11, 2014
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, 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, if an electronic mail
address has been provided.
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 examination, not to exceed $60.
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.
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, if an electronic mailing
address has been provided.
(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 examination, but not to exceed
the amount set forth in subdivision (k) of Section 8674.
(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.