BILL ANALYSIS Ó
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|Hearing Date:April 28, 2014 |Bill No:SB |
| |1244 |
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SENATE COMMITTEE ON BUSINESS, PROFESSIONS
AND ECONOMIC DEVELOPMENT
Senator Ted W. Lieu, Chair
Bill No: SB 1244Author:Lieu
As Amended: April 24, 2014Fiscal: Yes
SUBJECT: Structural Pest Control Board.
SUMMARY: Extends until January 1, 2019, the provisions establishing
the Structural Pest Control Board and the term of the executive
officer of the Board, and makes numerous technical, updating and
correcting changes to the structural pest control law.
Existing law:
1) Licenses and regulates structural pest control applicators, field
representatives and operators, and structural pest control
companies by the Structural Pest Control Board (SPCB) within the
Department of Consumer Affairs (DCA) and repeals the SPCB on
January 1, 2015. (Business and Professions Code (BPC) § 8500 et
seq.)
2) Authorizes the SPCB to appoint an executive officer, subject to the
approval of the director of DCA and repeals this provision on
January 1, 2015. (BPC § 8528)
3) Requires any person, including limited liability companies (LLCs),
to become licensed before performing structural pest control. (BPC
§ 8504)
4) Regulates the use of insecticides, pesticides, rodenticides,
fumigants, and allied chemicals and substances. (BPC § 8505)
5) Defines methyl bromide, sulfur dioxide, propylene oxide, sulfuryl
fluoride and aluminum phosphide as lethal fumigants. (BPC §
8505.1)
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6) Requires that, at the request of the country agricultural
commissioner, fumigators provide a notice of intent to fumigate to
the commissioner. (BPC § 8505.5)
7) Allows, but places restrictions on, the fumigation of a single
apartment within a larger structure. (BPC § 8505.6)
8) Requires that fumigators place warning signs warning of fumigation,
and requires that the entire warning be printed in red on white
background. (BPC § 8505.10)
9) Requires that fumigators use an adequate warning agent when using
fumigants that lack warning properties. (BPC § 8505.12)
10)Defines "fumigator" as any individual licensed by the SPCB within
the branch of pest control that includes fumigation. (BPC §§
8505.14, 8560)
11)Prohibits any registered company from expressing an opinion or
statement relating to the control of household pests until an
inspection has been made. (BPC § 8514)
12)Allows an unlicensed individual to apply pesticides for training
purposes, under the direct supervision of a licensed field
representative or operator, for a maximum of 30 days.
(BPC § 8551.5)
13)Requires written examinations and various written forms in several
places throughout the BPC. (BPC §§ 8560, 8562, 8564, 8564.6, 8565,
8566, 8567, 8593.1, 8612, 8613)
14)Allows certain types of licensees (Branch 2) to choose to be
certified in the handling, control, and removal of Africanized
honey bees, and requires that the Board either develop or approve a
program for the certification. (BPC § 8565.6)
15)Provides that all applicator licenses expire at 12 midnight three
years from the date of issue, while operator and field
representative licenses expire at 12 midnight on June 30 of every
third year. (BPC §§ 8590, 8590.1)
16)Allows the SPCB or county agricultural commissioner, to cite, fine,
and suspend the activity of licensees or registered companies for
violations of the structural pest control law or any regulations
adopted under that law or for specified provisions of the Food and
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Agricultural Code, or any regulations relating to pesticides
adopted under those laws. (BPC § 8617)
17)Requires that all complaints against licensees or registered
companies be filed with the SPCB within two years after the act or
omission, and four years in the case of fraud. Also requires the
SPCB to file accusations within one year after the complaint has
been filed or two years in the case of fraud. (BPC § 8621)
18)Provides that, where the SPCB has determined that a property that a
registered company has worked on is not in compliance, the company
has thirty days from the receipt of notice to bring the property
into compliance. (BPC § 8622)
19)Provides that the SPCB can bring a disciplinary action against a
registered company that fails to maintain records for a minimum of
three years. (BPC § 8652)
This bill:
1)Extends the operation of the SPCB and the authority to appoint an
executive officer until January 1, 2019.
2)Removes limited liability companies (LLCs) from the definition of
"person."
3)Adds a definition for "pesticide," which includes any spray adjuvant
and any substance, or mixture of substances intended to be used for
preventing, destroying, repelling, or mitigating any pest or
organism.
a) Replaces all references to substances with the term
"pesticide" throughout the Act.
4)Eliminates sulfur dioxide and propylene oxide from the list of lethal
fumigants.
5)Eliminates the provisions regarding the now impermissible practice of
fumigating a single apartment within a larger complex.
6)Allows the text of fumigation warning signs to be printed in legible
ink of any color, rather than just red on white.
7)Provides for an exception to the use of an adequate warning agent.
Specifically, allows for the state regulatory authority to waive the
use of chloropicrin when it may damage or contaminate the contents
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of a structure. If waived, it must be documented in advance and
must include alternative safety precautions.
8)Adds the requirement of a "3-Day Right to Cancel" in home
solicitation contracts.
9)Extends the number of days an unlicensed individual, working for a
registered company, may apply pesticides for training purposes from
30 days to 90 days.
10)Eliminates the use of written, paper, and hardcopy document
references throughout the Act.
11)Eliminates the option for applicants to become certified in the
control of Africanized honey bees and the requirement that the
SPCB either develop or certify a program for the certification.
12)Changes the expiration date of applicator's licenses from 12
midnight three years from the date of issue to 12 midnight on June
30 of every third year.
13)Requires that actions brought pursuant to BPC § 8617 be commenced by
the country agricultural commissioner within two years of the
occurrence. Also requires that once the commissioner submits a
completed investigation to the SPCB, the action be commenced within
one year of the submission.
14)Allows the SPCB to grant extensions to companies required to bring
noncompliant properties into compliance.
15)Defines "original applicator's license" as a license issued to
someone that did not have a license during the prior licensing
period, and defines a renewal applicator's license as a license
issued to someone that did.
16)Allows individuals licensed as applicators to request an earlier
expiration date and have their fees prorated.
FISCAL EFFECT: Unknown. This bill has been keyed "fiscal" by
Legislative Counsel.
COMMENTS:
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1.Purpose. This bill is one of six "sunset review bills" authored by
the Chair of this Committee. Unless legislation is carried this
year to extend the sunset dates for the SPCB and its executive
officer they will be repealed on January 1, 2015. This bill extends
those provisions to January 1, 2019, and makes a number of
legislative changes regarding the SPCB reflected in the
recommendations in the Committee's background paper.
2.Oversight Hearings and Sunset Review of Licensing Boards and
Commission of DCA. In 2014, the Senate Business and Professions
Committee and the Assembly Business, Professions and Consumer
Protection Committee (Committees) conducted joint oversight hearings
to review 9 regulatory entities: Bureau of Automotive Repair;
Bureau of Home Furnishings and Thermal Insulation; Bureau for
Private Postsecondary Education (BPPE); California Massage Therapy
Certification program; California Board of Acupuncture; California
Tax Preparers Program; Dental Hygiene Committee of California;
Professional Fiduciaries Bureau; and Structural Pest Control Board.
This Committee also reviewed the performance and effectiveness of
the Community Interest Development Manager's Certification Program.
The Committees began their review of the aforementioned licensing
agencies in March and conducted two days of hearings and then more
recently held a hearing on the BPPE. This bill, and the
accompanying sunset bills, are intended to implement legislative
changes as recommended by staff of the Committee's and which are
reflected in the Background Papers prepared by Committee staff for
each agency and program reviewed by the Committees for this year.
3.Review of the Structural Pest Control Board (SPCB), Issues Identified
and Recommended Changes. The following are some of the major issues
pertaining to the SPCB or areas of concern reviewed and discussed by
the Committee during the review of the SPCB, along with background
information concerning each particular issue. Recommendations were
made by Committee staff regarding the particular issues or problem
areas which needed to be addressed.
a) Issue : Technical clean-up.
Background : During the review of the SPCB, the Board submitted
proposed legislation to clean up the existing laws governing the
practice of structural pest control. The SPCB noted that
existing law should be updated to recognize current technology.
In addition, certain provisions in the structural pest control
law are no longer applicable and need to be deleted or clarified.
Other provisions require updating in order to meet the statute's
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purpose. Still other provisions of the law contain similar or
duplicative language causing inconsistencies in the
interpretation or application of those provisions.
The SPCB's proposal makes technical or non-substantive changes to
certain provisions of the structural pest control law, deletes
existing provisions from that law that are no longer applicable,
and would delete or amend other provisions to support the
legislative intent.
The SPCB states that in 2011, the Board President established an
Act Review Committee which was charged with reviewing the
structural pest control law for revisions to modernize and
streamline processes while maintaining a focus on consumer
protection, as consumer protection is the highest priority of the
Board. Since that time, the Act Review Committee held 18 public
meetings throughout California and solicited input from its
industry stakeholders and interested parties. The SPCB indicates
it also solicited input and received participation from the
Fumigation Enforcement Committee of the Department of Pesticide
Regulations and the County Agricultural Commissioners.
Ultimately the Act Review Committee submitted approximately 38
statutory recommendations to the SPCB which are reflected in the
amendments to this bill.
Recommendation : Committee staff recommended that the SPCB should
work with staff to identify what updating changes should be made
to the structural pest control law. The SPCB should assure the
Committees that all concerned individuals and interested parties
have had an opportunity to express any concerns regarding the
proposed changes, and that the concerns have been addressed, to
the extent possible, by the SPCB. In its response to the Issues
in the Committee's Background Paper, the SPCB submitted its
recommendations for technical cleanup, and updating of the laws
under its jurisdiction.
[ The current language in this measure described in This Bill,
Items 2-16, above, reflects these recommended changes .]
b) Issue : Fee increases for the implementation of Computer Based
Testing.
Background : In its Sunset Review Report, the SPCB states the
intention to seek legislation to increase examination fees so
that it can begin to implement Computer Based Testing (CBT).
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The SPCB does not anticipate a budget deficit in the current year
nor forecasts a budget deficit in fiscal years 2013-14 or
2014-15. However, the SPCB has indicted that it will be seeking
legislation during the current Session to increase examination
fees to support CBT. A proposal would increase the maximum fees
that could be charged for the examinations, however, the actual
fees for the examinations would be based on the actual costs to
administer the examinations. According to the SPCB, the current
cost to administer each examination is $37.50 under the DCA
contract with the outside CBT vendor. If legislation to increase
fees is approved, the SPCB would finalize a cost analysis and
subsequently promulgate regulations possibly through a
legislative BCP to support the SPCB's fully loaded costs to
administer the examination program.
The SPCB states that prior to the full implementation of CBT, the
Board, in a joint effort with the DCA, is planning a pilot CBT
offering in the early part of 2014, as part of its public policy
analysis and review to substantiate operating expenses and
equipment and personnel years. This will help the SPCB to
understand the necessary levels at which the fees should be set,
and further provide the justification for any BCPs related to the
full implementation of CBT. The SPCB also indicates that it will
continue to assess its fund condition to ensure that it does not
operate in a deficiency during the CBT Pilot.
The Pest Control Operators of California (PCOC) are sponsoring
the CBT legislation,
AB 1685 (Williams), introduced on February 14, 2014, which would
raise the maximum fees that the SPCB could charge for
examinations as follows:
Operator examination fee: increase from $25 to $100
Field representative examination fee: increase from
$15 to $75
Applicator examination fee: increase from $15 to
$60
If approved, the increase in fees would be effective no later
than January 1, 2015. At this point, the full impact of the
proposed fee increases on licensing applicants is unknown. PCOC
states that the fees will not impact applicants or impair the
pest control industry in any manner.
Recommendation : Committee staff recommended that the Committee
appropriately consider any legislative proposals and their impact
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upon applicants, the pest control industry, and SPCB revenues.
[ The current language in this measure does not reflect any
changes to structural pest control law regarding this issue,
however, AB 1685 (Williams),which was introduced this year amends
BPC § 8674 to increase the statutory limit on examination fees. ]
a) Issue : Continued Regulation by the SPCB.
Background : The health, safety and welfare of consumers are
protected by the presence of a strong licensing and regulatory
Board with oversight over the structural pest control industry.
This SPCB has experienced significant transitions over the last
five years. Specifically, moving from DCA to the Department of
Pesticide Regulation in 2009 and then moving back to DCA in 2013
has greatly disrupted many of the SPCB's licensing, regulatory
and disciplinary activities. However, it appears that the SPCB
has successfully traversed the transitions and is making progress
as a regulatory agency.
The SPCB should be continued with a 4-year extension of its
sunset date so that the Legislature may once again review whether
the issues and recommendations in this Background Paper have been
addressed.
Recommendation : Committee staff recommended that the licensing
and regulation of structural pest control continue to be
regulated by the current Board members of the Structural Pest
Control Board in order to protect the interests of the public and
be reviewed once again in four years.
[ The current language in this measure reflects this recommended
change .]
4. Current Related Legislation. SB 1242 (Lieu, 2014) Amends the
Automotive Repair Act and updates the sunset provisions for the
Bureau of Automotive Repair. ( Status : This bill will also be heard
before the BP&ED Committee during today's hearing.)
SB 1243 (Lieu, 2014) Extends until January 1, 2017, the term of the
Veterinary Medical Board, which provides for the licensing and
registration of veterinarians and registered veterinary technicians
and the regulation of the practice of veterinary medicine by the
Veterinary Medical Board. The bill also extends the terms of the
executive officer of the Veterinary Medical Board. This bill also
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extends to January 1, 2019, the law regulating the practice of
common interest development managers, and the law establishing the
California Tax Education Council, which provides for the Council to
register and regulate tax preparers. This bill also subjects the
Board and programs to be reviewed by the appropriate policy
committees of the Legislature. ( Status : This bill will also be
heard before the BP&ED Committee during today's hearing.)
SB 1245 (Lieu, 2014) Extends until January 1, 2019, the term of the
Dental Hygiene Committee of California which provides for the
licensing and regulation of dental hygienists. The bill also
extends the term of the Committee's executive officer and subjects
the Committee to be reviewed by the appropriate policy committees
of the Legislature. ( Status : This bill will also be heard before
the BP&ED Committee during today's hearing.)
SB 1246 (Lieu, 2014) Extends until January 1, 2019 the term of the
Acupuncture Board which provides for the licensing and regulation
of doctors of acupuncture under the Acupuncture Licensure Act and
subjects the board to be reviewed by the appropriate policy
committees of the Legislature. ( Status : This bill will also be
heard before the BP&ED Committee during today's hearing.)
SB 1247 (Lieu, 2014) Extends until January 1, 2019 the term of the
California Private Postsecondary Education Act of 2009, which
provides for the regulation of private postsecondary educational
institutions by the Bureau for Private Postsecondary Education in
the Department of Consumer Affairs. The bill also extends the
term of the Student Tuition Recovery Fund under the administration
of the bureau, and subjects the bureau to review by the appropriate
policy committees of the Legislature. ( Status : This bill will also
be heard before the BP&ED Committee during today's hearing.)
SUPPORT AND OPPOSITION:
Support:
Cardinal Professional Products
Western Exterminator Company
Opposition:
None received as of April 23, 2014.
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Consultant:Vincent Chee