BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2529|
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THIRD READING
Bill No: AB 2529
Author: Linder (R)
Amended: 4/14/16 in Assembly
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE: 9-0, 6/20/16
AYES: Hill, Bates, Block, Gaines, Galgiani, Hernandez,
Jackson, Mendoza, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 79-0, 5/5/16 (Consent) - See last page for
vote
SUBJECT: Structural pest control
SOURCE: Pest Control Operators of California
DIGEST: This bill provides that a company registered to
perform structural pest control that hires or employs unlicensed
individuals to perform work on contracts or service agreements,
may do so for Branches 1, 2, or 3, as specified, and authorizes
a county agricultural commissioner to take disciplinary action
against an employer or employee for failing to wear personal
protective equipment, as specified.
ANALYSIS:
Existing law:
1)Establishes the Structural Pest Control Board (SPCB) under the
Department of Consumer Affairs to regulate the practice of
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structural pest control. (Business and Professions Code (BPC)
§§ 8500 - 8697.4)
2)Defines "structural pest control," with respect to household
pests and wood destroying pests or organisms, as performing or
offering to perform any of the following:
a) Identification of infestations or infections.
b) The making of an inspection or inspections for the
purpose of identifying or attempting to identify
infestations or infections of household or other structures
by those pests or organisms.
c) The making of inspection reports, recommendations,
estimates, and bids, whether oral or written, with respect
to those infestations or infections.
d) The making of contracts, or the submitting of bids for,
or the performance of any work including the making of
structural repairs or replacements, or the use of
pesticides, or mechanical devices for the purpose of
eliminating, exterminating, controlling or preventing
infestations or infections of those pests, or organisms.
(BPC § 8505)
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3)Classifies, for the purpose of delimiting the type and
character of work authorized by the various branch licenses,
the practice of pest control into the following three
branches: (BPC § 8560)
a) Branch 1: fumigation licenses, which authorize the
practice relating to the control of household and
wood-destroying pests or organisms by fumigation with
poisonous or lethal gases.
b) Branch 2: general pest license, which authorize the
practice relating to the control of household pests,
excluding fumigation with poisonous or lethal gases.
c) Branch 3: termite licenses, which authorizes the
practice relating to the control of wood-destroying pests
or organisms by the use of insecticides, or structural
repairs and corrections, excluding fumigation with
poisonous or lethal gases.
4)Defines "registered company" as a sole proprietorship,
partnership, corporation, or other business organization that
is registered with the SPCB to engage in the practice of
structural pest control. (BPC § 8506.1)
5)Authorizes a registered company to hire or employ individuals
who are not licensed by the SPCB to perform work on contracts
covering wood-destroying organisms only after an operator or
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field representative has fully completed the negotiation or
signing of the contract covering a given job. (BPC § 8506.1)
6)Provides that the SPCB shall delegate its authority to the
Director of Pesticide Regulation for designating county
agricultural commissioners. (BPC §§ 8616, 8616.4)
7)Provides that the county agricultural commissioner shall be
the lead agency for inspections and routine investigations of
pesticide use by structural pest control licensees and
registered companies, and of persons engaged in unlicensed
structural pest control. Further provides that when a matter
is referred to the SPCB for disciplinary action, the SPCB
shall be the lead agency and may require that the commissioner
assist in any investigation. (BPC § 8616.5)
8)Provides that, if an employee is found during an inspection or
investigation not wearing personal protective equipment
required by regulation, the commissioner shall have the option
to use discretion in citing an employer only if evidence of
all of the following is provided:
a) The employer has a written training program, has
provided training to the employee, and has maintained a
record of training as required by regulation.
b) The employer provided personal protective equipment as
required by regulation, the equipment was available at the
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site when the employee was handling the pesticide or
pesticides, and the equipment was properly maintained and
in good working order.
c) The employer is in compliance with regulations relating
to the workplace and supervision of employees.
d) The employer has implemented and adheres to a written
company policy of disciplinary action for employees who
violate company policy or state or local laws or
regulations.
e) The employer has no history of repeated violations of
this section.
(BPC § 8616.9)
9)Authorizes the SPCB or county agricultural commissioners, when
acting pursuant to BPC Section 8616.4, to suspend the right of
a structural pest control licensee or registered company to
work in a county for up to three working days or, for a
licensee, registered company, or an unlicensed individual
acting as a licensee, levy an administrative fine up to one
thousand dollars or direct the licensee to attend and pass a
SPCB-approved course of instruction at a cost not to exceed
the administrative fine, or both, as specified. (BPC § 8617)
This bill:
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1)Expands the authority of a registered company to hire or
employ individuals who are not licensed to practice structural
pest control to perform work on contracts covering any Branch
1, 2, or 3, or any combination of branches, after an operator
or field representative has fully completed the negotiation or
signing of the contract covering a given job. Provides that
this provision not be construed to authorize an unlicensed
individual to perform work that requires a license.
2)Authorizes a county agricultural commissioner that finds
during an inspection or investigation an employee who is not
wearing personal protective equipment required by label or
regulation, to refer the violation by the employer for
statewide disciplinary action by the SPCB, or suspend the
right of the employer to work in the county for up to three
working days. If the commissioner does neither, the
commissioner may assess an administrative fine against both
the employer and the employee. If the commissioner does not
take disciplinary action against an employer, the commissioner
may assess an administrative fine against the employee only if
the employer provides evidence of all of the following:
a) The employer has a written training program, has
provided training to the employee, and has maintained a
record of training as required by label or regulation;
b) The employer provided personal protective equipment
required by label or regulation, the equipment was
available at the site when the employee was handling the
pesticide or pesticides, and the equipment was properly
maintained and in good working order;
c) The employer is in compliance with regulations relating
to the workplace and supervision of employees;
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d) The employer has documented implementation and adheres
to a written company policy of disciplinary action for
employees who violate company policy or state or local laws
or regulations; and,
e) The employer has not been disciplined or assessed an
administrative fine for a violation of the personal
protective equipment requirement for the previous two
years.
3)Provides that a county agricultural commissioner may impose an
administrative fine assessed against an employer and shall not
be less than $700 nor more than $5,000.
4)Provides that a county agricultural commissioner may impose an
administrative fine assessed against an employee and shall not
be less than $250 nor more than $5,000.
5)Requires that when assessing an administrative fine, the SPCB
or commissioner consider the appropriateness of the amount of
the fine to the gravity of the violation, the good faith of
the licensee, and the history of prior violations.
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6)Provides that nothing in this section is intended to limit the
authority of the commissioner to take action against the
employee, including suspension of the employee's license or
referral of the violation for statewide disciplinary action by
the SPCB pursuant to BPC Section 8620.
Comments
Purpose. The Pest Control Operators of California are the
sponsor of this bill. According to the author, this bill
"enables a Branch 1 and Branch 2 registered company to be
equally competitive with a Branch 3 registered company in the
use of those services of employees or independent contractors,
who otherwise are not required to be licensed, to perform work
in connection with a pest control contract or service. The
proposed changes to BPC § 8616.9 would provide authority and
guidelines for county enforcement personnel to take
administrative action against the employee if it is found that
the employer has met certain conditions."
The changes this bill seeks to make were approved by the SPCB's
Act Review Committee, which reviews the structural pest control
practice act and recommends changes to the full SPCB. The
approval was adopted by the SPCB at its October 8, 2015 meeting.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified8/2/16)
Pest Control Operators of California (source)
Newport Exterminating
The Structural Pest Control Board
Western Exterminator Company
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OPPOSITION: (Verified8/2/16)
None received
ARGUMENTS IN SUPPORT: The Structural Pest Control Board
writes that, "In 2010 the SPCB created the Act Review Committee
and directed it to review the Structural Pest Control Act to
recommend changes that would both strengthen consumer protection
and modernize the language. The amendments being proposed by AB
2529 are recommendations from the Act Review Committee that the
SPCB voted unanimously to approve."
ASSEMBLY FLOOR: 79-0, 5/5/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke,
Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley,
Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey,
Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes,
McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez,
Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting,
Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
NO VOTE RECORDED: Beth Gaines
Prepared by:Mark Mendoza / B., P. & E.D. / (916) 651-4104
8/3/16 19:38:08
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