BILL ANALYSIS Ó SB 1244 Page 1 SENATE THIRD READING SB 1244 (Lieu) As Amended June 11, 2014 Majority vote SENATE VOTE :36-0 BUSINESS & PROFESSIONS 11-0 ENVIRONMENTAL SAFETY 6-0 ----------------------------------------------------------------- |Ayes:|Bonilla, Jones, |Ayes:|Alejo, Dahle, Bloom, | | |Dickinson, Eggman, | |Gomez, Lowenthal, Ting | | |Gordon, Hagman, Holden, | | | | |Mullin, Skinner, Ting, | | | | |Wilk | | | |-----+--------------------------+-----+--------------------------| | | | | | ----------------------------------------------------------------- APPROPRIATIONS 17-0 -------------------------------- |Ayes:|Gatto, Bigelow, | | |Bocanegra, Bradford, Ian | | |Calderon, Campos, | | |Donnelly, Eggman, Gomez, | | |Holden, Jones, Linder, | | |Pan, Quirk, | | |Ridley-Thomas, Wagner, | | |Weber | |-----+--------------------------| | | | -------------------------------- SUMMARY : Extends the sunset date on the Structural Pest Control Board (SPCB) until January 1, 2019, and makes numerous technical and nonsubstantive changes to the Structural Pest Control Law. Specifically, this bill : 1)Extends the operation of the SPCB and its authority to appoint an executive officer until January 1, 2019. 2)Deletes sulfur dioxide and propylene oxide from the list of lethal fumigants. 3)Requires automatic notice to be given, rather than upon SB 1244 Page 2 request, to the agricultural commissioner in the county where fumigation is to be performed. 4)Eliminates provisions regarding the practice of fumigating a single apartment within a larger complex. 5)States that the text of fumigation warning signs indicating the date and time fumigant was injected, and the name, address and telephone number of the registered company performing the fumigation to be printed in legible ink of any color, rather than just red on white. 6)Requires a waiver from the state regulatory authority if a registered company performing fumigation finds that the use of chloropicrin is not possible, as specified. 7)Requires all home solicitation contracts to be subject to a three-day right to cancel, as specified in existing law. 8)Extends the number of days from 30 days to 90 days that an unlicensed individual, working for a registered company, may apply pesticides for training purposes. 9)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. 10)Changes the expiration date of an operator, field representative, and applicator license from 12 midnight three years from the date of issue to 12 midnight on June 30 of every third year. 11)Requires that certain enforcement actions be commenced by the country agricultural commissioner within two years of the violation. If an agricultural commissioner submits a completed investigation to the SPCB for action by the registrar of the Attorney General, the action shall be commenced within one year of that submission. 12)Authorizes SPCB to grant extensions to companies required to bring noncompliant properties into compliance. 13)Allows individuals licensed as applicators to request an SB 1244 Page 3 earlier expiration date and have their fees prorated. 14)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. 15)Defines "pesticide" as any spray adjuvant and any substance, or mixture of substances intended to be used for preventing, destroying, repelling, or mitigating any pest or organism. 16)Makes other technical and conforming changes. FISCAL EFFECT : According to the Assembly Appropriations Committee: 1)On-going Special Fund costs of approximately $4.85 million annually (Structural Pest Control Fund, Structural Pest Control Education and Enforcement Fund), supporting 29.9 Personal Year until January 1, 2019, partially offset by fee revenues of $4.24 million, based on the 2014-15 budget. 2)AB 1685 (Williams) of the current legislative session, pending on the Senate Floor, would raise the maximum fees that the SPCB could charge for licensure examinations. The increased fees are intended to provide sufficient resources to implement computer based testing and allow the SPCB to set the fees at a level sufficient to cover the reasonable costs of administering licensing exams. It is unclear whether the increased fee authority, if enacted, would provide sufficient resources to address the operating deficiencies in the Structural Pest Control Fund. 3)Minor and absorbable costs to the Department of Consumer Affairs (DCA) to extend the operations of the SPCB and its executive director, and make numerous technical, clarifying, and non-substantive changes to the Structural Pest Control Act. COMMENTS : SB 1244 Page 4 1)Purpose of this bill. This bill extends the sunset date on the SPCB until January 1, 2019, and makes numerous technical and nonsubstantive changes to the Structural Pest Control Law based on the Senate Business, Professions, and Economic Development Committee's (BPED) 2014 Sunset Review Report. This bill is author-sponsored. 2)SPCB. SPCB was established in 1936. SPCB issues three types of licenses for three different practice areas (branches) of pest control: applicator, field representative, and operator. As of the Fiscal Year 2012-13, the licensee population included 5,051 Applicators, 10,549 Field Representatives, and 3,601 Operators. Each license has its own scope of practice, entry-level requirements, and education/examination requirements, with some overlap. 3)Sunset Review. In 2014, BPED and the Assembly Business, Professions and Consumer Protection Committee conducted joint oversight hearings to review nine regulatory entities, including SPCB. This bill reflects technical and non-controversial changes to the Structural Pest Control Law recommended by SPCB, as well as the extension of SPCB's regulatory authority for another four years. Analysis Prepared by : Sarah Huchel / B., P. & C.P. / (916) 319-3301 FN: 0004770