BILL ANALYSIS
AB 1736
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Date of Hearing: April 14, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
AB 1736 (Ma) - As Amended: April 7, 2010
Policy Committee: Business and
Professions Vote: 11 - 0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill extends the sunset date of the Structural Fumigation
Enforcement Program (SFEP) to January 1, 2014. Specifically,
this bill:
1)Extends the SFEP program from January 1, 2011 to January 1,
2014.
2)Continues the authorization for 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.
3)Continues the requirement that 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.
FISCAL EFFECT
There are no significant costs associated with this legislation.
COMMENTS
1)Purpose . This bill is co-sponsored by the Pest Control
Operators of California and by the County Agricultural and
Sealers Association who argue that the SFEP provides effective
review, control, and enforcement of fumigation regulations in
AB 1736
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the counties of Orange, San Diego, Santa Clara and Los
Angeles. The author states, "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."
2)Structural Fumigation Enforcement Program (SFEP) . The SFEP
regulates the structural fumigation industry 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.
3)Background . This program was established in 1993 as a two-year
pilot in Los Angeles County only. Since that time, Orange
County, Santa Clara County, and San Diego County have been
added to the program and the sunset has been extended several
times and then was eliminated by SB 230 (Figueroa)/Chapter 42
of 2006. In 2007, AB 126 (Beall)/Chapter 379 extended the
program to include Santa Clara County and re-established a
sunset date of January 1, 2010. In 2008, AB 2223
(Horton)/Chapter 450 added San Diego County and extended the
program to January 1, 2011.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081