BILL ANALYSIS Ó
SB 1244
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SENATE THIRD READING
SB 1244 (Lieu)
As Amended August 26, 2014
Majority vote
SENATE VOTE : 36-0
BUSINESS & PROFESSIONS 11-0 ENVIRONMENTAL SAFETY 6-0
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|Ayes:|Bonilla, Jones, |Ayes:|Alejo, Dahle, Bloom, |
| |Dickinson, Eggman, | |Gomez, Lowenthal, Ting |
| |Gordon, Hagman, Holden, | | |
| |Mullin, Skinner, Ting, | | |
| |Wilk | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Gatto, Bigelow, |
| |Bocanegra, Bradford, Ian |
| |Calderon, Campos, |
| |Donnelly, Eggman, Gomez, |
| |Holden, Jones, Linder, |
| |Pan, Quirk, |
| |Ridley-Thomas, Wagner, |
| |Weber |
|-----+--------------------------|
| | |
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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
request, to the agricultural commissioner in the county where
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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
earlier expiration date and have their fees prorated.
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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)Requires a licensee to maintain for three years a copy of the
monthly report of all pesticides used in the county and
submitted to the county agricultural commissioner.
17)Deletes the requirement that a pesticide use stamp be affixed
to that report and authorizes the use of a pesticide use
stamp number.
18)Deletes authorization for pesticide use stamp or stamp number
fees to be deposited with a bank or other depository,
approved by the Department of Finance and designated by the
Research Advisory Panel, instead of into the Structural Pest
Control Research Fund.
19)Makes other technical and conforming changes.
20)Add chaptering out amendments to resolve conflicts between
this bill and AB 1685 (Williams) of the current legislative
session.
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 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
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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 :
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 : Eunie Linden/ B., P. & C.P. / (916)
319-3301
FN: 0005471
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