BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 1244
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          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  








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            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  








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            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  :   









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          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 


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