Amended in Assembly August 26, 2014

Amended in Assembly August 22, 2014

Amended in Assembly August 19, 2014

Amended in Assembly June 11, 2014

Amended in Senate April 24, 2014

Senate BillNo. 1244


Introduced by Senator Lieu

(Principal coauthor: Assembly Member Bonilla)

February 20, 2014


An act to amend Sections 8505, 8505.1, 8505.2, 8505.5, 8505.10, 8505.12, 8505.14, 8505.17, 8507.1, 8514, 8518, 8520, 8528, 8551.5, 8560, 8562, 8564, 8564.6, 8565, 8566, 8567, 8590, 8593.1, 8612, 8613, 8617, 8622, 8643, 8647, 8651, 8660, 8673, and 8674 of, to add Sections 8504.1 and 8672.1 to, and to repeal Sections 8505.6, 8565.6, and 8590.1 of, the Business and Professions Code, relating to the Structural Pest Control Board.

LEGISLATIVE COUNSEL’S DIGEST

SB 1244, as amended, Lieu. Structural Pest Control Board.

Existing law, until January 1, 2015, establishes the Structural Pest Control Board, within the Department of Consumer Affairs, and authorizes the Director of Consumer Affairs to appoint a registrar to be the executive officer of the board. The board is required to license and regulate structural pest control operators, as specified.

This bill would extend the operation of those provisions until January 1, 2019.

Existing law provides, in pertinent part, that structural pest control includes, with respect to household pests and wood destroying pests or organisms, or other pests which may invade households or other structures, the engaging in, offering to engage in, advertising for, soliciting, or the performance of, among other things, the identification of infestations, or the use of insecticides, pesticides, rodenticides, fumigants, or allied chemicals or substances for the purpose of eliminating, exterminating, controlling, or preventing infestations or infections of those pests, or organisms. Under existing law, an applicator’s license expires 3 years from the date the license is issued.

This bill would define the term “pesticide” to include any spray adjuvant and any substance, or mixture of substances, which is intended to be used for preventing, destroying, repelling, or mitigating any pest or organism, and would make conforming changes pertaining to that definition. The bill would delete obsolete provisions pertaining to the definition of fumigants and fumigation procedures, and would conform notice provisions relating to fumigation to other provisions of law. The bill would authorize, in specified circumstances, waiving the use of warning agents in conjunction with fumigants. The bill would provide that an applicator’s license instead would expire on June 30 of the 3rd year after issuance.

Existing law requires registered structural pest control companies to submit monthly reports to the county agricultural commissioner reporting the name and registration number of each pesticide, the amount used, and the number of applications made. Existing law requires the report to have a pesticide stamp issued by the board, as specified.

This bill would authorize the use of pesticide stamp numbers in addition to pesticide stamps for those purposes. The bill would delete the requirement that the monthly reports specify the number of applications made for a pesticide. The bill would require structural pest control licensees to maintain a copy of the monthly report for 3 years after submission.

Existing law prescribes various fees for licensing, registration, examinations, and other purposes pertaining to structural pest control matters, and authorizes a fee of $2 for a pesticide use stamp in connection with a monthly pesticide report. Existing law provides that those fees may be deposited in the Structural Pest Control Research Fund, or with a bank or other depository, as specified.

This bill would prescribe a $2 fee for a pesticide use stamp number. The bill would delete provisions for deposit of the stamp and stamp number fees with a bank or other depository, and would make additional conforming changes.

Existing law authorizes suspension and fines to be imposed on a registered structural pest control company for specified violations.

This bill would provide that the time for an action for a suspension or fine against a structural pest control licensee or registered company would be 2 years from the date of the violation, provided however, that when an agricultural commissioner submits a completed investigation to the registrar of the Structural Pest Control Board, or the Attorney General, the action would be required to be brought within one year of the commissioner’s submission.

Existing law establishes a disciplinary review committee, in connection with disciplinary procedures against structural pest control licensees and registered companies, which requires as a member of the committee, a person representing the Secretary of Food and Agriculture.

This bill would instead require as a member of the committee, a person who represents the Director of Pesticide Regulation.

The bill would make additional conforming and technical, nonsubstantive changes.

begin insert

The bill would incorporate changes to Section 8674 of the Business and Professions Code proposed by both this bill and AB 1685 which would become operative only if both bills are enacted and become effective on or before January 1, 2015, and this bill is enacted last.

end insert

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

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

P3    1

SECTION 1.  

Section 8504.1 is added to the Business and
2Professions Code
, to read:

3

8504.1.  

“Pesticide” includes any of the following:

4(a) Any spray adjuvant.

5(b) Any substance, or mixture of substances, which is intended
6to be used for preventing, destroying, repelling, or mitigating any
7pest or organism.

8

SEC. 2.  

Section 8505 of the Business and Professions Code is
9amended to read:

10

8505.  

(a) “Structural pest control” and “pest control” as used
11in this chapter are synonymous. Except as provided in Section
128555 and elsewhere in this chapter, it is, with respect to household
P4    1pests and wood destroying pests or organisms, or other pests that
2may invade households or other structures, including railroad cars,
3ships, docks, trucks, airplanes, or the contents thereof, the engaging
4in, offering to engage in, advertising for, soliciting, or the
5performance of, any of the following:

6(1) Identification of infestations or infections.

7(2) The making of an inspection or inspections for the purpose
8of identifying or attempting to identify infestations or infections
9of household or other structures by those pests or organisms.

10(3) The making of inspection reports, recommendations,
11estimates, and bids, whether oral or written, with respect to those
12infestations or infections.

13(4) The making of contracts, or the submitting of bids for, or
14the performance of any work including the making of structural
15repairs or replacements, or the use of pesticides, or mechanical
16devices for the purpose of eliminating, exterminating, controlling
17or preventing infestations or infections of those pests, or organisms.

18 (b) “Household pests” are defined for the purpose of this chapter
19as those pests other than wood destroying pests or organisms,
20which invade households and other structures, including, but not
21limited to, rodents, vermin, and insects.

22

SEC. 3.  

Section 8505.1 of the Business and Professions Code
23 is amended to read:

24

8505.1.  

(a) Except as provided in subdivisions (b) and (c), for
25the purpose of this act, “fumigation” shall be defined as the use
26within an enclosed space for the destruction of plant or animal life,
27a substance having a vapor pressure greater than 5 millimeters of
28mercury at 25 degrees centigrade when the substance is labeled
29for those purposes.

30The following is a list of lethal fumigants:

31(1) Methyl bromide.

32(2) Sulfuryl fluoride.

33(3) Aluminum phosphide.

34The board may adopt, and may as necessary amend, by
35regulation, a list of fumigants.

36(b) For the purpose of this act, “warning agent” is any agent
37used in combination with any fumigant that lacks warning
38properties.

39The following is a warning agent:

40Chloropicrin.

P5    1The board may adopt, and may as necessary amend, by
2regulation, a list of warning agents.

3(c) For the purpose of this act “simple asphyxiants” shall not
4be deemed to be fumigants.

5The following is a list of simple asphyxiants:

6(1) Liquid nitrogen.

7(2) Carbon dioxide.

8The board may adopt, and may as necessary amend, by
9regulation, a list of simple asphyxiants.

10

SEC. 4.  

Section 8505.2 of the Business and Professions Code
11 is amended to read:

12

8505.2.  

Fumigation shall be performed only under the direct
13and personal supervision of an individual who is licensed by the
14board as an operator or field representative in Branch 1 as set forth
15in Section 8560.

16

SEC. 5.  

Section 8505.5 of the Business and Professions Code
17 is amended to read:

18

8505.5.  

(a) Notice of the date and place of fumigation, and
19chemicals to be used, shall be given by the fumigator to the fire
20department serving the area in which fumigation is to be performed
21not less than two hours prior to the time fumigation begins. The
22fire department shall not charge any fees for any service related
23to structural pest control activities except for the costs of an
24emergency response necessitated by illegal or negligent actions.

25(b) Notice of each fumigation to be performed shall be given
26to the commissioner in the county in which the job is to be
27performed. The notice, which may be mailed or given by telephone,
28at the option of the commissioner, shall be given at least 24 hours
29prior to the time fumigation begins, unless the commissioner
30determines that less time is sufficient. A fee shall not be assessed
31for processing this notice.

32

SEC. 6.  

Section 8505.6 of the Business and Professions Code
33 is repealed.

34

SEC. 7.  

Section 8505.10 of the Business and Professions Code
35 is amended to read:

36

8505.10.  

Warning signs shall be printed in red on white
37background and shall contain the following statement in letters
38not less than two inches in height: “DANGER--FUMIGATION.”
39They shall also depict a skull and crossbones not less than one
40inch in height and shall state in letters not less than one-half inch
P6    1in height the name of the fumigant. These signs shall also include
2in legible ink of any color, the date and time fumigant was injected,
3and the name, address, and telephone number of the registered
4company performing the fumigation. Warning signs placed under
5a tarpaulin shall not be required to state the time the fumigant was
6injected.

7

SEC. 8.  

Section 8505.12 of the Business and Professions Code
8 is amended to read:

9

8505.12.  

A registered company performing fumigation shall
10use an adequate warning agent with all fumigants which lack those
11properties. There may be circumstances in which the use of
12chloropicrin is not possible due to its unknown effects on sensitive
13items, including, but not limited to, artifacts in museums or in
14police evidence storage. In these circumstances, waiving the use
15of chloropicrin shall be approved by the state regulatory authority
16and documented in advance and shall include alternative safety
17precautions which address initial clearance of the site to be
18fumigated, potential movement of the fumigant to unattended
19areas, and continued site security. When conditions involving
20abnormal hazards exist, the licensee exercising direct and personal
21supervision shall take those safety precautions in addition to those
22prescribed by this chapter as are reasonably necessary to protect
23the public health and safety.

24

SEC. 9.  

Section 8505.14 of the Business and Professions Code
25 is amended to read:

26

8505.14.  

“Fumigator” means any individual licensed by the
27board as a structural pest control operator or as a structural pest
28control field representative in Branch 1 as set forth in Section 8560.

29

SEC. 10.  

Section 8505.17 of the Business and Professions
30Code
is amended to read:

31

8505.17.  

(a) There is hereby continued in existence in the State
32Treasury a special fund to be known as the Structural Pest Control
33Education and Enforcement Fund. Funds derived from the pesticide
34use report filing fee provided for in Section 8674 and all proceeds
35from civil penalties collected by the board pursuant to Section
368617 shall be deposited in the Education and Enforcement Account
37which is hereby created in the fund. The account shall be used by
38the board (1) for the purposes of training as provided in Section
398616, (2) for reimbursement to the Director of Pesticide Regulation
40for work performed as the agent of the board pursuant to Sections
P7    18616, 8616.4, and 8617 and Section 15202 of the Food and
2Agricultural Code and for cases referred to the board pursuant to
3subdivision (b) of Section 8616.5, and (3) for reasonable expenses
4incurred by the Disciplinary Review Committee. There is no
5reimbursement from this fund for inspections and routine
6investigations.

7(b) The board may withhold funds from its agent if it is not
8satisfied that its agent has corrected the problems which resulted
9in a suspension as provided in Section 8616.6. The authority to
10withhold funds shall be limited only to the withholding of an
11amount otherwise due the agent for reimbursable activities
12performed in the county or counties for which a notice has been
13filed pursuant to Section 8616.6.

14(c) Registered structural pest control companies shall prepare
15and submit to the county agricultural commissioner a monthly
16report of all pesticides used in that county. The report shall be on
17a form approved by the Director of Pesticide Regulation and shall
18contain the name and registration number of each pesticide and
19the amount used. The report shall be submitted to the commissioner
20by the 10th day of the month following the month of application
21and a copy shall be maintained by the licensee for a period of three
22years after the report submission date. Each pesticide use report
23or combination of use reports representing a registered structural
24pest control company’s total county pesticide use for the month
25shall require a pesticide use stamp or stamp number issued by the
26board in the denomination fixed by the board in accordance with
27Section 8674 as the pesticide use report filing fee. The board shall
28provide for the sale of these stamps and stamp numbers and for
29the refund of moneys paid for stamps and stamp numbers which
30are returned to it unused. When a registered structural pest control
31company performs no pest control during a month in a county in
32which it has given notice pursuant to Section 15204 of the Food
33and Agricultural Code, the registered company shall submit a use
34report stating this fact to the commissioner. A pesticide use stamp
35or stamp number is not required on negative use reports.

36(d) All other proceeds from civil penalties collected by the board
37shall be deposited in the Civil Penalties Account which is hereby
38created in the fund. These funds shall be available to the board
39upon appropriation by the Legislature for the purposes of enforcing
40this chapter.

P8    1

SEC. 11.  

Section 8507.1 of the Business and Professions Code
2 is amended to read:

3

8507.1.  

(a) (1) “Structural pest control applicator” is any
4individual who is licensed by the board to apply pesticides in
5Branch 2 or Branch 3 on behalf of a registered company.

6(2) A structural pest control applicator shall not contract for
7pest control work or perform pest control work in his or her own
8behalf.

9(b) As used in this chapter, “applicator” refers to “structural
10pest control applicator.”

11

SEC. 12.  

Section 8514 of the Business and Professions Code
12 is amended to read:

13

8514.  

(a) A Branch 2 or 3 registered company shall not
14commence work on a contract, or sign, issue, or deliver any
15documents expressing an opinion or statement relating to the
16control of household pests, or wood destroying pests or organisms
17until the registered company has completed an inspection.

18(b) Notwithstanding any provision of this chapter, after an
19inspection has been made, a registered company which holds a
20branch registration for the control of household pests, or wood
21destroying pests or organisms, but whose branch registration
22restricts the method of eradication or control permitted, may
23recommend and enter into a contract for the eradication or control
24of pests within the scope of its branch registration, provided that
25 it subcontracts, in writing, the actual performance of the work to
26a registered company which holds a branch registration authorizing
27the particular method to be used.

28(c) A registered company may subcontract, in writing, any pest
29control work for which it is registered in any branch or branches
30to a registered company holding a valid branch registration to do
31that work.

32(d) Nothing in this chapter shall be construed to prohibit a
33registered company or the consumer from subcontracting with a
34licensed contractor to do any work authorized under Section 8556.

35(e) A registered company shall not subcontract structural
36fumigation work, as permitted in this section, without the written
37consent of the consumer. The consumer shall be informed in
38advance, in writing, of any proposed work which the registered
39company intends to subcontract and of the consumer’s right to
40select another person or entity of the consumer’s choosing to
P9    1perform the work. The consumer may authorize the subcontracting
2of the work as proposed or may contract directly with another
3registered company licensed to perform the work. Nothing in this
4paragraph shall be construed to eliminate any otherwise applicable
5licensure requirements, nor permit a licensed contractor to perform
6any work beyond that authorized by Section 8556.

7(f) Nothing contained in this section shall permit or authorize
8a registered company to perform, attempt to perform, advertise or
9hold out to the public or to any person that it is authorized,
10qualified, or registered to perform, pest control work in a branch,
11 or by a method, for which it is not registered, except that a Branch
122 or Branch 3 registered company may advertise fumigation or
13any all encompassing treatment described in paragraph (8) of
14subdivision (a) of Section 1991 of Title 16 of the California Code
15of Regulations if the company complies with the requirements of
16this section.

17(g) Subcontracting of work, as permitted in this section, shall
18not relieve the prime contractor or the subcontractor from
19responsibility for, or from disciplinary action because of, an act
20or omission on its part, which would otherwise be a ground for
21disciplinary action. However, the registered company making the
22initial proposal including proposed work that the registered
23company intends to subcontract shall not be subject to disciplinary
24action or otherwise responsible for an act or omission in the
25performance of the work that the consumer directly contracts with
26another registered company, person, or entity to perform, as
27permitted by this section. All home solicitation contracts shall
28comply with Chapter 2 (commencing with Section 1688) of Title
295 of Part 2 of Division 3 of the Civil Code.

30

SEC. 13.  

Section 8518 of the Business and Professions Code
31 is amended to read:

32

8518.  

(a) When a registered company completes work under
33a contract, it shall prepare, on a form prescribed by the board, a
34notice of work completed and not completed, and shall furnish
35that notice to the owner of the property or the owner’s agent within
3610 business days after completing the work. The notice shall
37include a statement of the cost of the completed work and estimated
38cost of work not completed.

39(b) The address of each property inspected or upon which work
40was completed shall be reported on a form prescribed by the board
P10   1and shall be filed with the board no later than 10 business days
2after completed work.

3(c) A filing fee shall be assessed pursuant to Section 8674 for
4every property upon which work is completed.

5(d) Failure of a registered company to report and file with the
6board the address of any property upon which work was completed
7pursuant to subdivision (b) of Section 8516 or Section 8518 is
8grounds for disciplinary action and shall subject the registered
9company to a fine of not more than two thousand five hundred
10dollars ($2,500).

11(e) The registered company shall retain for three years all
12original notices of work completed, work not completed, and
13activity forms.

14(f) Notices of work completed and not completed shall be made
15available for inspection and reproduction to the executive officer
16of the board or his or her duly authorized representative during
17business hours. Original notices of work completed or not
18completed or copies thereof shall be submitted to the board upon
19request within two business days.

20

SEC. 14.  

Section 8520 of the Business and Professions Code
21 is amended to read:

22

8520.  

(a) There is in the Department of Consumer Affairs a
23Structural Pest Control Board, which consists of seven members.

24(b) Subject to the jurisdiction conferred upon the director by
25Division 1 (commencing with Section 100), the board is vested
26with the power to and shall administer the provisions of this
27chapter.

28(c) It is the intent of the Legislature that consumer protection
29is the primary mission of the board.

30(d) This section shall remain in effect only until January 1, 2019,
31and as of that date is repealed, unless a later enacted statute, that
32is enacted before January 1, 2019, deletes or extends that date.
33Notwithstanding any other law, the repeal of this section renders
34the board subject to review by the appropriate policy committees
35of the Legislature.

36

SEC. 15.  

Section 8528 of the Business and Professions Code
37 is amended to read:

38

8528.  

(a) With the approval of the director, the board shall
39appoint a registrar, fix his or her compensation, and prescribe his
40or her duties.

P11   1(b) The registrar is the executive officer and secretary of the
2board.

3(c) This section shall remain in effect only until January 1, 2019,
4and as of that date is repealed, unless a later enacted statute, that
5is enacted before January 1, 2019, deletes or extends that date.

6

SEC. 16.  

Section 8551.5 of the Business and Professions Code
7 is amended to read:

8

8551.5.  

Except as provided in this chapter, an unlicensed
9individual in the employ of a registered company shall not apply
10any pesticides included in Branch 2 or Branch 3. However, an
11individual may, for 90 days from the date of employment, apply
12pesticides for the purposes of training under the direct supervision
13of a licensed field representative or operator employed by the
14company. This direct supervision means in the presence of the
15licensed field representative or operator at all times. The 90-day
16time period may not be extended.

17

SEC. 17.  

Section 8560 of the Business and Professions Code
18 is amended to read:

19

8560.  

(a) Licenses issued to operators, field representatives,
20or applicators shall be limited to the branch or branches of pest
21control for which the applicant has qualified by application and
22examination.

23(b) For the purpose of delimiting the type and character of work
24authorized by the various branch licenses, the practice of pest
25control is classified into the following branches:

26(1) Branch 1.  Fumigation. The practice relating to the control
27of household and wood-destroying pests or organisms by
28fumigation with poisonous or lethal gases.

29(2) Branch 2.  General pest. The practice relating to the control
30of household pests, excluding fumigation with poisonous or lethal
31gases.

32(3) Branch 3.  Termite. The practice relating to the control of
33wood-destroying pests or organisms by the use of insecticides, or
34structural repairs and corrections, excluding fumigation with
35poisonous or lethal gases.

36(c) The board may issue a license for a combination of two or
37more branches for which an applicant qualifies under the provisions
38of this chapter, and the combination license shall be considered
39one license.

P12   1(d) Unless otherwise authorized by the board, all examinations
2shall be supplied by the board. All examinations shall be kept for
3a period of one year, upon the expiration of which these records
4may be destroyed on order of the board. Each applicant for license
5as an operator or a field representative shall be designated by a
6number instead of by name, and the identity thereof shall not be
7disclosed until the examinations are graded. A person shall not be
8admitted to the examination room except members of the board,
9the examining personnel, and the applicants.

10(e) The board shall make rules and regulations for the purpose
11of securing fair, impartial, and proper examinations.

12(f) Licensees may be licensed in other branches upon complying
13with the requirements for qualification and by examination in those
14other branches. A failure of the licensee to pass examination in
15the other branch or branches shall not have any effect on existing
16licenses.

17(g) The examination shall be in each of the subjects specified
18in the branch or branches relating to the respective applications.
19A license according to the applications shall be granted to any
20applicant who shall make a general average of not less than 70
21percent on each of the subjects of the branch or branches.

22

SEC. 18.  

Section 8562 of the Business and Professions Code
23 is amended to read:

24

8562.  

(a) To obtain an original operator’s license, an applicant
25shall submit to the registrar an application containing the statement
26that the applicant desires the issuance of an operator’s license
27under the terms of this chapter.

28(b) The application shall be made on forms prescribed by the
29board and issued by the registrar in accordance with rules and
30regulations adopted by the board, and shall contain the following:

31(1) The name of the applicant.

32(2) Proof satisfactory to the board that the applicant has had
33actual experience for a period of not less than the time specified
34opposite the branches of pest control listed below in the employ
35of a registered company in the State of California in the particular
36branch or branches of pest control for which the applicant desires
37to be licensed, or the equivalent of that experience:


38

 

Branch 1   

2 years

Branch 2   

2 years

Branch 3   

4 years

P13   2

 

3(c) For the purpose of this subdivision one year shall equal 1,600
4hours of actual experience in the field.

5(d) A designation of the branch or branches for which the
6application is made.

7(e) The fees prescribed by this chapter.

8(f) No operator’s license shall be issued to an individual under
918 years of age.

10(g) Effective January 1, 1993, an operator’s license shall not be
11issued to an individual unless that individual has been licensed as
12a field representative in the branch in which the individual has
13applied for an operator’s license for a period of at least one year,
14in the case of Branches 1 and 2, or for a period of at least two years
15for Branch 3, or has demonstrated to the satisfaction of the board
16that he or she has the equivalent of that training and experience.

17

SEC. 19.  

Section 8564 of the Business and Professions Code
18 is amended to read:

19

8564.  

(a) To obtain an original field representative’s license,
20an applicant shall submit to the registrar an application containing
21a statement that the applicant desires the issuance of a field
22representative’s license under the terms of this chapter.

23(b) The application shall be made on a form prescribed by the
24board and issued by the registrar in accordance with rules and
25regulations adopted by the board, and shall contain the following:

26(1) The length of time during which the applicant has engaged
27in any work relating to pest control.

28(2) The name and place of business of the person who last
29employed him or her.

30(3) The name of the person by whom the applicant is employed.

31(4) The name of the registered company by which the applicant
32is to be employed.

33(5) The fees prescribed by this chapter.

34(c) The board shall not accept any application for a field
35representative’s license in Branch 1 unless the applicant submits
36proof satisfactory to the board that he or she has had six months’
37training and experience in the practice of fumigating with
38poisonous or lethal gases under the immediate supervision of an
39individual licensed to practice fumigating, or the equivalent of that
40training and experience.

P14   1(d) The board shall not accept any application for a field
2representative’s license in Branch 2 unless the applicant submits
3proof satisfactory to the board that he or she has had training and
4experience in the practice of pesticide application, Branch 2 pest
5identification and biology, pesticide application equipment, and
6pesticide hazards and safety practice under the immediate
7supervision of an operator or field representative licensed in Branch
82, or the equivalent of that training and experience.

9(e) The board shall not accept any application for a field
10representative’s license in Branch 3 unless the applicant submits
11proof satisfactory to the board that he or she has had training and
12experience in the practice of pesticide application, Branch 3 pest
13identification and biology, pesticide application equipment,
14pesticide hazards and safety practices, structural repairs, and
15structural inspection procedures and report writing under the
16immediate supervision of an operator or field representative
17licensed in Branch 3, or the equivalent of that training and
18experience.

19

SEC. 20.  

Section 8564.6 of the Business and Professions Code
20 is amended to read:

21

8564.6.  

(a) To obtain an original applicator’s license, an
22applicant shall submit to the registrar an application containing a
23statement that the applicant requests the issuance of an applicator’s
24license under the terms of this chapter.

25(b) The application shall be made on a form prescribed by the
26board and issued by the registrar in accordance with rules and
27regulations adopted by the board and shall contain the following:

28(1) The name of the registered company by which the applicant
29is to be employed.

30(2) The fee prescribed by this chapter.

31

SEC. 21.  

Section 8565 of the Business and Professions Code
32 is amended to read:

33

8565.  

The board shall ascertain by examination that an
34applicant for a license as operator is qualified in the use and
35understanding of all of the following:

36(a) The English language, including reading and writing.

37(b) The building and safety laws of the state and any of its
38political subdivisions, if the branch or branches of pest control for
39which he or she is applying, require that knowledge.

40(c) The labor laws of the state.

P15   1(d) The provisions of this chapter.

2(e) Pesticides used in pest control, if the branch license or
3licenses for which he or she is applying, require that knowledge.

4(f) The theory and practice of the branch or branches of pest
5control in which the applicant desires to be licensed.

6(g) Other state laws, safety or health measures, or practices that
7are reasonably within the scope of structural pest control in the
8various branches, including an applicant’s knowledge of the
9requirements regarding health effects and restrictions on
10applications, as set forth in Section 8538.

11

SEC. 22.  

Section 8565.6 of the Business and Professions Code
12 is repealed.

13

SEC. 23.  

Section 8566 of the Business and Professions Code
14 is amended to read:

15

8566.  

The board shall ascertain by examination that an
16applicant for a license as field representative is qualified in the use
17and understanding of the following:

18(a) The safety laws of the state, if the branch or branches of pest
19control for which he or she is applying, require that knowledge.

20(b) The provisions of this chapter.

21(c) Pesticides used in pest control, if the branch or branches of
22pest control for which he or she is applying, require that
23knowledge.

24(d) The theory and practice of pest control in the branch or
25branches thereof for which the applicant desires to be licensed.

26(e) Other state laws, safety or health measures, or practices as
27are reasonably within the scope of structural pest control in the
28various branches.

29

SEC. 24.  

Section 8567 of the Business and Professions Code
30 is amended to read:

31

8567.  

Should a field representative or applicator change his or
32her employment, or should an operator enter the employ of a
33registered company, or being already employed by a registered
34company change his or her employment, or being employed by a
35registered company leave that employment and enter the pest
36control business on his or her own behalf, he or she shall notify
37the registrar on a form prescribed by the board and issued by the
38registrar in accordance with rules and regulations adopted by the
39board. The registrar shall register the change in his or her records.

P16   1

SEC. 25.  

Section 8590 of the Business and Professions Code
2 is amended to read:

3

8590.  

(a) Except as otherwise provided herein, an operator’s,
4field representative’s, and applicator’s licenses shall expire at 12
5midnight on June 30 of the third year from the date of issue.

6(b) An individual licensed in more than one category may
7request that each license expire on the same date. The date
8requested shall be the date of the earliest expiration.

9(c) An operator, field representative, and applicator shall pay a
10fee for the renewal of his or her license.

11(d) The board shall on or before the first day of June of each
12year mail to each operator, field representative, and applicator
13whose license will expire in that year, addressed to him or her at
14his or her last known address, a notice that his or her renewal fee
15is due and payable and that, if not paid by June 30, a penalty will
16be added thereto.

17(e) In no case shall the penalty be waived.

18(f) Upon the receipt of the fee the board shall cause the renewal
19certificate to be issued.

20

SEC. 26.  

Section 8590.1 of the Business and Professions Code
21 is repealed.

22

SEC. 27.  

Section 8593.1 of the Business and Professions Code
23 is amended to read:

24

8593.1.  

The board shall require as a condition to the renewal
25of each applicator’s license that the holder thereof submit proof
26satisfactory to the board that he or she has completed courses of
27continuing education in pesticide application and use approved by
28the board or equivalent activity approved by the board. In lieu of
29submitting that proof, the licenseholder, if he or she so desires,
30may successfully apply for and pass an appropriate applicator’s
31examination for renewal of a license given by the board.

32

SEC. 28.  

Section 8612 of the Business and Professions Code
33 is amended to read:

34

8612.  

(a) The licenses of qualifying managers and company
35registrations shall be prominently displayed in the registered
36company’s office, and no registration issued hereunder shall
37authorize the company to do business except from the location for
38which the registration was issued. Each registered company having
39a branch office or more than one branch office shall be required
P17   1to display its branch office registration prominently in each branch
2office it maintains.

3(b) When a registered company opens a branch office it shall
4notify the registrar on a form prescribed by the board and issued
5by the registrar in accordance with rules and regulations adopted
6by the board. The notification shall include the name of the
7individual designated as the branch supervisor and shall be
8submitted with the fee for a branch office prescribed by this
9chapter.

10

SEC. 29.  

Section 8613 of the Business and Professions Code
11 is amended to read:

12

8613.  

A registered company which changes the location of its
13principal office or any branch office or which changes its qualifying
14manager, branch supervisor, officers, or its bond or insurance shall
15notify the registrar on a form prescribed by the board of that change
16within 30 days thereafter. A fee for filing those changes shall be
17charged in accordance with Section 8674.

18

SEC. 30.  

Section 8617 of the Business and Professions Code
19 is amended to read:

20

8617.  

(a) The board or county agricultural commissioners,
21when acting pursuant to Section 8616.4, may suspend the right of
22a structural pest control licensee or registered company to work
23in a county for up to three working days or, for a licensee,
24registered company, or an unlicensed individual acting as a
25licensee, may levy an administrative fine up to one thousand dollars
26($1,000) or direct the licensee to attend and pass a board-approved
27course of instruction at a cost not to exceed the administrative fine,
28or both, for each violation of this chapter or Chapter 14.5
29(commencing with Section 8698), or any regulations adopted
30pursuant to these chapters, or Chapter 2 (commencing with Section
3112751), Chapter 3 (commencing with Section 14001), Chapter 3.5
32(commencing with Section 14101), or Chapter 7 (commencing
33with Section 15201) of Division 7 of the Food and Agricultural
34Code, or any regulations adopted pursuant to those chapters,
35relating to pesticides. However, any violation determined by the
36board or the commissioner to be a serious violation as defined in
37Section 1922 of Title 16 of the California Code of Regulations
38shall be subject to a fine of not more than five thousand dollars
39($5,000) for each violation. Fines collected shall be paid to the
40Education and Enforcement Account in the Structural Pest Control
P18   1Education and Enforcement Fund. Suspension may include all or
2part of the registered company’s business within the county based
3on the nature of the violation, but shall, whenever possible, be
4restricted to that portion of a registered company’s business in a
5county that was in violation.

6(b) A licensee who passes a course pursuant to this section shall
7not be awarded continuing education credit for that course.

8(c) Before a suspension action is taken, a fine levied, or a
9licensee is required to attend and pass a board-approved course of
10instruction, the person charged with the violation shall be provided
11a written notice of the proposed action, including the nature of the
12violation, the amount of the proposed fine or suspension, or the
13requirement to attend and pass a board-approved course of
14instruction. The notice of proposed action shall inform the person
15charged with the violation that if he or she desires a hearing before
16the commissioner issuing the proposed action to contest the finding
17of a violation, that hearing shall be requested by written notice to
18the commissioner within 20 days of the date of receipt of the
19written notice of proposed action.

20(d) A notice of the proposed action that is sent by certified mail
21to the last known address of the person charged shall be considered
22 received even if delivery is refused or the notice is not accepted
23at that address.

24(e) If a hearing is requested, notice of the time and place of the
25hearing shall be given at least 10 days before the date set for the
26hearing. At the hearing, the person shall be given an opportunity
27to review the commissioner’s evidence and a right to present
28evidence on his or her own behalf. If a hearing is not requested
29within the prescribed time, the commissioner may take the action
30proposed without a hearing.

31(f) If the person upon whom the commissioner imposed a fine
32or suspension or required attendance at a board-approved course
33of instruction requested and appeared at a hearing before the
34commissioner, the person may appeal the commissioner’s decision
35to the Disciplinary Review Committee and shall be subject to the
36procedures in Section 8662.

37(g) If a suspension or fine is ordered, it may not take effect until
3820 days after the date of the commissioner’s decision if no appeal
39is filed. If an appeal pursuant to Section 8662 is filed, the
P19   1commissioner’s order shall be stayed until 30 days after the
2Disciplinary Review Committee has ruled on the appeal.

3(h) Failure of a licensee or registered company to pay a fine
4within 30 days of the date of assessment or to comply with the
5order of suspension, unless the citation is being appealed, may
6result in disciplinary action being taken by the board.

7(i) If a citation containing a fine is issued to a licensee and it is
8not contested or the time to appeal the citation has expired and the
9fine is not paid, the full amount of the assessed fine shall be added
10to the fee for renewal of that license. A license shall not be renewed
11without payment of the renewal fee and fine.

12(j) If a citation containing a fine is issued to a registered
13company and it is not contested or the time to appeal the citation
14has expired and the fine is not paid, the board shall not sell to the
15registered company any pesticide use stamps until the assessed
16fine has been paid.

17(k) If a citation containing the requirement that a licensee attend
18and pass a board-approved course of instruction is not contested
19or the time to appeal the citation has expired and the licensee has
20not attended and passed the required board-approved course of
21instruction, the licensee’s license shall not be renewed without
22proof of attendance and passage of the required board-approved
23course of instruction.

24(l) Once final action pursuant to this section is taken, no other
25 administrative or civil action may be taken by any state
26governmental agency for the same violation. However, action
27taken pursuant to this section may be used by the board as evidence
28of prior discipline, and multiple local actions may be the basis for
29statewide disciplinary action by the board pursuant to Section
308620. A certified copy of the order of suspension or fine issued
31pursuant to this section or Section 8662 shall constitute conclusive
32evidence of the occurrence of the violation.

33(m) If the board is the party issuing the notice of proposed action
34to suspend or impose a fine pursuant to subdivision (a),
35“commissioner” as used in subdivisions (c), (f), and (g) includes
36the board’s registrar.

37(n) An action brought pursuant to this section shall be
38commenced by the commissioner within two years of the
39occurrence of the violation. If a commissioner submits a completed
40 investigation to the board for action by the registrar or the Attorney
P20   1General, the action shall be commenced within one year of that
2submission.

3

SEC. 31.  

Section 8622 of the Business and Professions Code
4 is amended to read:

5

8622.  

(a) When a complaint is accepted for investigation of a
6registered company, the board, through an authorized
7representative, may inspect any or all properties on which a report
8has been issued pursuant to Section 8516 or a notice of completion
9has been issued pursuant to Section 8518 by the registered company
10to determine compliance with the provisions of this chapter and
11the rules and regulations issued thereunder. If the board determines
12the property or properties are not in compliance, a notice shall be
13sent to the registered company so stating. The registered company
14shall have 30 days from the receipt of the notice to bring the
15property into compliance, unless an extension is authorized by the
16board, and it shall submit a new original report or completion
17notice or both and an inspection fee of not more than one hundred
18twenty-five dollars ($125) for each property inspected. If a
19subsequent reinspection is necessary, pursuant to the board’s
20review of the new original report or notice or both, a commensurate
21reinspection fee shall also be charged. If the board’s authorized
22representative makes no determination or determines the property
23is in compliance, no inspection fee shall be charged.

24(b) The notice sent to the registered company shall inform the
25registered company that if it desires a hearing to contest the finding
26of noncompliance, the hearing shall be requested by written notice
27to the board within 20 days of receipt of the notice of
28noncompliance from the board. If a hearing is not requested
29pursuant to this section, payment of any assessment shall not
30constitute an admission of any noncompliance charged.

31

SEC. 32.  

Section 8643 of the Business and Professions Code
32 is amended to read:

33

8643.  

The negligent handling or use of any pesticide is a ground
34for disciplinary action.

35

SEC. 33.  

Section 8647 of the Business and Professions Code
36 is amended to read:

37

8647.  

Failure to comply in the sale or use of pesticides with
38the provisions of Chapter 2 (commencing with Section 12751) of
39Division 7 of the Food and Agricultural Code is a ground for
40disciplinary action.

P21   1

SEC. 34.  

Section 8651 of the Business and Professions Code
2 is amended to read:

3

8651.  

The performing or soliciting of structural pest control
4work, the inspecting for structural or household pests, or the
5applying of any pesticide for the purpose of eliminating,
6exterminating, controlling, or preventing structural or household
7pests in branches of pest control other than those for which the
8operator, field representative, or applicator is licensed or the
9company is registered is a ground for disciplinary action.

10

SEC. 35.  

Section 8660 of the Business and Professions Code
11 is amended to read:

12

8660.  

A disciplinary review committee consisting of three
13members shall be established for the purposes of reviewing appeals
14of orders issued pursuant to Section 8617. The committee shall be
15made up of one member representing the Director of Pesticide
16Regulation and one member representing the board. The third
17member shall be a licensed pest control operator actively involved
18in the business of pest control and shall be selected by agreement
19of the other members.

20

SEC. 36.  

Section 8672.1 is added to the Business and
21Professions Code
, to read:

22

8672.1.  

(a) As used in this chapter, “original applicator’s
23license” means an applicator’s license issued for an individual who
24did not have a license on the preceding June 30.

25(b) For the purposes of this chapter, a renewal of an applicator’s
26license means an applicator’s license issued to an individual who
27had an applicator’s license on June 30 of the preceding renewal
28period.

29

SEC. 37.  

Section 8673 of the Business and Professions Code
30 is amended to read:

31

8673.  

License fees shall not be prorated unless an individual
32licensed as an operator, a field representative, or an applicator
33requests an earlier expiration date of one of the licenses in
34accordance with Section 8590. All license and registration fees
35shall be paid in advance of the issuance of the license or
36registration, and all examination fees shall be paid in advance of
37the examination.

38

SEC. 38.  

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

40

8674.  

The fees prescribed by this chapter are the following:

P22   1(a) A duplicate license fee of not more than two dollars ($2).

2(b) A fee for filing a change of name of a licensee of not more
3than two dollars ($2).

4(c) An operator’s examination fee of not more than twenty-five
5dollars ($25).

6(d) An operator’s license fee of not more than one hundred fifty
7dollars ($150).

8(e) An operator’s license renewal fee of not more than one
9hundred fifty dollars ($150).

10(f) A company registration fee of not more than one hundred
11twenty dollars ($120).

12(g) A branch office registration fee of not more than sixty dollars
13($60).

14(h) A field representative’s examination fee of not more than
15fifteen dollars ($15).

16(i) A field representative’s license fee of not more than forty-five
17dollars ($45).

18(j) A field representative’s license renewal fee of not more than
19forty-five dollars ($45).

20(k) An applicator’s examination fee of not more than fifteen
21dollars ($15).

22(l) An applicator’s license fee of not more than fifty dollars
23($50).

24(m) An applicator’s license renewal fee of not more than fifty
25dollars ($50).

26(n) An activity form fee, per property address, of not more than
27three dollars ($3).

28(o) A fee for certifying a copy of an activity form of not more
29than three dollars ($3).

30(p) A fee for filing a change of a registered company’s name,
31principal office address, or branch office address, qualifying
32manager, or the names of a registered company’s officers, or bond
33or insurance of not more than twenty-five dollars ($25) for each
34change.

35(q) A fee for approval of continuing education providers of not
36more than fifty dollars ($50).

37(r) A pesticide use report filing fee of not more than five dollars
38($5) for each pesticide use report or combination of use reports
39representing a registered structural pest control company’s total
40county pesticide use for the month.

P23   1(s) A fee for approval of continuing education courses of not
2more than twenty-five dollars ($25).

3(t) (1) Any person who pays a fee pursuant to subdivision (r)
4shall, in addition, pay a fee of two dollars ($2) for each pesticide
5use stamp or stamp number purchased from the board.
6Notwithstanding any other law, the fee established pursuant to this
7subdivision shall be deposited into the Structural Pest Control
8Research Fund that is hereby continued in existence and
9continuously appropriated to be used only for structural pest control
10research.

11(2) A charge for administrative expenses of the board in an
12amount not to exceed 5 percent of the amount collected and
13deposited in the Structural Pest Control Research Fund may be
14assessed against the fund. The charge shall be limited to expenses
15directly related to the administration of the fund.

16(3) The board shall, by regulation, establish a five-member
17research advisory panel, including, but not limited to,
18representatives from the Structural Pest Control Board, the
19structural pest control industry, the Department of Pesticide
20Regulation, and the University of California. The panel, or other
21entity designated by the board, shall solicit on behalf of the board
22all requests for proposals and present to the panel all proposals
23that meet the criteria established by the panel. The panel shall
24review the proposals and recommend to the board which proposals
25to accept. The recommendations shall be accepted upon a
26two-thirds vote of the board. The board shall direct the panel, or
27other entity designated by the board, to prepare and issue the
28research contracts and authorize the transfer of funds from the
29Structural Pest Control Research Fund to the applicants whose
30proposals were accepted by the board.

31(4) A charge for requests for proposals, contracts, and
32monitoring of contracted research shall not exceed 5 percent of
33the research funds available each year and shall be paid from the
34Structural Pest Control Research Fund.

35begin insert

begin insertSEC. 38.5.end insert  

end insert

begin insertSection 8674 of the end insertbegin insertBusiness and Professions Codeend insert
36begin insert is amended to read:end insert

37

8674.  

The fees prescribed by this chapter are the following:

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

39(b) A fee for filing a change of name of a licensee of not more
40than two dollars ($2).

P24   1(c) An operator’s examination fee of not more thanbegin delete twenty-five
2dollars ($25).end delete
begin insert one hundred dollars ($100).end insert

3(d) An operator’s license fee of not more than one hundred fifty
4dollars ($150).

5(e) An operator’s license renewal fee of not more than one
6hundred fifty dollars ($150).

7(f) A company registration fee of not more than one hundred
8twenty dollars ($120).

9(g) A branch office registration fee of not more than sixty dollars
10($60).

11(h) A field representative’s examination fee of not more than
12begin delete fifteen dollars ($15).end deletebegin insert seventy-five dollars ($75).end insert

13(i) A field representative’s license fee of not more than forty-five
14dollars ($45).

15(j) A field representative’s license renewal fee of not more than
16forty-five dollars ($45).

17(k) An applicator’s examination fee of not more thanbegin delete fifteen
18dollars ($15).end delete
begin insert sixty dollars ($60).end insert

19(l) An applicator’s license fee of not more than fifty dollars
20($50).

21(m) An applicator’s license renewal fee of not more than fifty
22dollars ($50).

23(n) An activity form fee, per property address, of not more than
24three dollars ($3).

25(o) A fee for certifying a copy of an activity form of not more
26than three dollars ($3).

27(p) A fee for filing a change of a registered company’s name,
28principal office address, or branch office address, qualifying
29manager, or the names of a registered company’s officers, or bond
30or insurance of not more than twenty-five dollars ($25) for each
31change.

32(q) A fee for approval of continuing education providers of not
33more than fifty dollars ($50).

34(r) A pesticide use report filing fee of not more than five dollars
35($5) for each pesticide use report or combination of use reports
36representing a registered structural pest control company’s total
37county pesticide use for the month.

38(s) A fee for approval of continuing education courses of not
39more than twenty-five dollars ($25).

P25   1(t) (1) Any person who pays a fee pursuant to subdivision (r)
2shall, in addition, pay a fee of two dollars ($2) for each pesticide
3use stampbegin insert or stamp numberend insert purchased from the board.
4Notwithstanding any otherbegin delete provision ofend delete law, the fee established
5pursuant to this subdivision shall be depositedbegin delete with a bank or other
6depository approved by the Department of Finance and designated
7by the Research Advisory Panel orend delete
into the Structural Pest Control
8Research Fund that is hereby continued in existence and
9continuously appropriated to be used only for structural pest control
10research.begin delete If the Research Advisory Panel designates that the fees
11be deposited in an account other than the Structural Pest Control
12Research Fund, any moneys in the fund shall be transferred to the
13designated account.end delete

begin delete

14(2) Prior to the deposit of any funds, the depository shall enter
15into an agreement with the Department of Consumer Affairs that
16includes, but is not limited to, all of the following requirements:

17(A) The depository shall serve as custodian for the safekeeping
18of the funds.

19(B) Funds deposited in the designated account shall be
20encumbered solely for the exclusive purpose of implementing and
21continuing the program for which they were collected.

22(C) Funds deposited in the designated account shall be subject
23to an audit at least once every two years by an auditor selected by
24the Director of Consumer Affairs. A copy of the audit shall be
25provided to the director within 30 days of completion of the audit.

26(D) The Department of Consumer Affairs shall be reimbursed
27for all expenses it incurs that are reasonably related to
28implementing and continuing the program for which the funds
29were collected in accordance with the agreement.

30(E) A reserve in an amount sufficient to pay for costs arising
31from unanticipated occurrences associated with administration of
32the program shall be maintained in the designated account.

end delete
begin delete

33(3)

end delete

34begin insert(2)end insert A charge for administrative expenses of the board in an
35amount not to exceed 5 percent of the amount collected and
36deposited in the Structural Pest Control Research Fund may be
37assessed against the fund. The charge shall be limited to expenses
38directly related to the administration of the fund.

begin delete

39(4)

end delete

P26   1begin insert(3)end insert The board shall, by regulation, establish a five-member
2research advisory panel, including, but not limited to,
3representatives frombegin delete each of the following: (A)end delete the Structural Pest
4Control Board,begin delete (B)end delete the structural pest control industry,begin delete (C)end delete the
5Department of Pesticide Regulation, andbegin delete (D)end delete the University of
6California. The panel, or other entity designated by the board, shall
7solicit on behalf of the board all requests for proposals and present
8to the panel all proposals that meet the criteria established by the
9panel. The panel shall review the proposals and recommend to the
10board which proposals to accept. The recommendations shall be
11accepted upon a two-thirds vote of the board. The board shall direct
12the panel, or other entity designated by the board, to prepare and
13issue the research contracts and authorize the transfer of funds
14from the Structural Pest Control Research Fund to the applicants
15whose proposals were accepted by the board.

begin delete

16(5)

end delete

17begin insert(4)end insert A charge for requests for proposals, contracts, and
18monitoring of contracted research shall not exceed 5 percent of
19the research funds available each year and shall be paid from the
20Structural Pest Control Research Fund.

21begin insert

begin insertSEC. 39.end insert  

end insert
begin insert

Section 38.5 of this bill incorporates amendments to
22Section 8674 of the Business and Professions Code proposed by
23both this bill and Assembly Bill 1685. It shall only become
24operative if (1) both bills are enacted and become effective on or
25before January 1, 2015, (2) each bill amends Section 8674 of the
26Business and Professions Code, and (3) this bill is enacted after
27Assembly Bill 1685, in which case Section 38 of this bill shall not
28become operative.

end insert


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