BILL ANALYSIS
AB 1736
Page 1
Date of Hearing: March 23, 2010
ASSEMBLY COMMITTEE ON BUSINESS AND PROFESSIONS
Mary Hayashi, Chair
AB 1736 (Ma) - As Amended: March 4, 2010
SUBJECT : Structural Fumigation Enforcement Program.
SUMMARY : Extends the sunset date of the Structural Fumigation
Enforcement Program (SFEP) to January 1, 2014.
EXISTING LAW :
1)Authorizes the Los Angeles County Agricultural Commissioner,
the Orange County Agricultural Commissioner, the Santa Clara
County Agricultural Commissioner, and the San Diego County
Agricultural Commissioner to contract with the Department of
Pesticide Regulation (DPR) to perform increased structural
fumigation, inspection, and enforcement activities.
2)Requires an individual who performs a structural fumigation
treatment in the SFEP, to pay the county agricultural
commissioner a fee of five dollars for each treatment
conducted at a specific building or structure.
3)Sunsets the SFEP on January 1, 2011.
FISCAL EFFECT : Unknown
COMMENTS :
Purpose of this bill . According to the author's office, "AB
1736 will extend the sunset date on the SFEP from January 1,
2011 to January 1, 2014. The SFEP provides effective review,
control, and enforcement of fumigation regulations in the
counties of Orange, San Diego, Santa Clara and Los Angeles.
Without this bill the health and safety of workers, the public,
and environment will be put at risk [and] enforcement officials
[will be unable] to rectify improper or illegal use of
fumigants."
Background. The SFEP was originally established in 1993 as a
two-year pilot project in Los Angeles County. In 1996, the SFEP
was expanded to also include Orange County and San Diego
Counties. The SFEP regulates the structural fumigation industry
AB 1736
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and DPR inspects fumigation companies to ensure regulatory
compliance and protect the public, industry workers, and the
environment. Any person who performs a structural fumigation in
Los Angeles, Orange, Santa Clara, and San Diego Counties must
pay the county agricultural commissioner a fee of five dollars
for each treatment.
DPR uses fee-generated revenue to increase monitoring of
pesticide use through undercover inspections and surveillance.
While the DPR licenses and regulates commercial applicators,
dealers, consultants, and other pesticide professionals
statewide, the SFEP originated from an increased need to enforce
local structural pest control fumigation laws in counties where
most fumigations are performed by collecting fees for more
inspectors and research on safer pest control methods.
Support . According to the sponsor, the Pest Control Operators
of California, "[The SFEP] provides additional self-generated
revenues to the Agricultural Commissioners of Los Angeles,
Orange, Santa Clara, and San Diego Counties for heightened
fumigation, inspection, and enforcement activities. The SFEP is
needed to provide effective review, control, and enforcement of
fumigation regulations. [This bill] protects workers, public
health, and the environment from improper and illegal use of
fumigants."
Prior Legislation . AB 2223 (Horton), Chapter 450, Statutes of
2008, included San Diego County in the existing SFEP and
extended the SFEP sunset date to January 1, 2011.
AB 126 (Beall), Chapter 379, Statutes of 2007, added Santa Clara
County to the SFEP and extended the SFEP sunset date to January
1, 2010.
SB 230 (Figueroa), Chapter 42, Statutes of 2006, eliminated the
July 1, 2006 SFEP sunset date in Los Angeles and Orange
Counties.
SB 2026 (Committee on Business, Professions, and Economic
Development), Chapter 1013, Statutes of 2002, extended the SFEP
sunset date to July 1, 2006.
SB 1307 (Committee on Business, Professions, and Economic
Development), Chapter 983, Statutes of 1999, extended the SFEP
sunset date to July 1, 2003.
AB 1736
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AB 1678 (Committee on Consumer Protection, Governmental
Efficiency and Economic Development), Chapter 982, Statutes of
1999, removed San Diego County from the SFEP.
SB 2238 (Committee on Business, Professions, and Economic
Development), Chapter 879, Statutes of 1998, extended the SFEP
sunset date to January 1, 2000.
SB 530 (Kelley), Chapter 71, Statutes of 1996, added Orange and
San Diego Counties to the SFEP and extended the SFEP sunset date
to January 1, 1999.
SB 378 (Calderon), Chapter 691, Statutes of 1995, extended the
SFEP sunset date to January 1, 1997.
AB 1053 (Tucker), Chapter 393, Statutes of 1993, established a
two-year pilot project in Los Angeles County to perform more
structural fumigation inspections and enforcement activities.
REGISTERED SUPPORT / OPPOSITION :
Support
Pest Control Operators of California (PCOC) (sponsor)
California Agricultural Commissioners and Sealers Association
(CACASA) (co-sponsor)
Opposition
None on file.
Analysis Prepared by : Joanna Gin / B. & P. / (916) 319-3301