BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2529| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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 AB 2529 Page 2 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) AB 2529 Page 3 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 AB 2529 Page 4 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 AB 2529 Page 5 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: AB 2529 Page 6 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; AB 2529 Page 7 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. AB 2529 Page 8 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 AB 2529 Page 9 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 **** END **** AB 2529 Page 10