BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 1736|
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THIRD READING
Bill No: AB 1736
Author: Ma (D)
Amended: 4/7/10 in Assembly
Vote: 21
SENATE BUS., PROF. & ECON. DEV. COMMITTEE : 6-1, 06/14/10
AYES: Negrete McLeod, Aanestad, Calderon, Florez, Walters,
Yee
NOES: Correa
NO VOTE RECORDED: Wyland, Oropeza
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
ASSEMBLY FLOOR : 69-3, 5/6/10 - See last page for vote
SUBJECT : Structural Fumigation Enforcement Program
SOURCE : Pest Control Operators of California
CA Agricultural Commissioners and Sealers
Association
DIGEST : This bill extends the sunset date of the
Structural Fumigation Enforcement Program to January 1,
2014, and makes technical revisions.
ANALYSIS :
Existing law
1. Establishes a Structural Fumigation Enforcement Program
CONTINUED
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(Program) in Los Angeles, Orange, Santa Clara, and San
Diego Counties, authorizing the County Agricultural
Commissioner (Commissioner) of each county to contract
with the Department of Pesticide Regulation (DPR) to
perform increased structural fumigation inspection and
enforcement activities in those counties.
2. Requires any person who performs a structural fumigation
in the county to pay a $5 fee to the Commissioner for
each fumigation performed.
3. Requires the fees collected pursuant to the Program to
be used for the sole purpose of funding enforcement and
training activities directly related to the Program.
4. Sunsets the Program on January 1, 2011
This bill:
1. Deletes the provision for each Commissioner to contract
with DPR to perform inspections under the Program, and
instead provides that the Director of DPR shall have
oversight over the Program, and requires the
Commissioner of each county to perform increased
structural fumigation inspection and enforcement under
the Program.
2. Extends the sunset date of the Program to January 1,
2014.
3. Makes technical and conforming changes.
Background
The Program was originally established in 1993 as a
two-year pilot project in Los Angeles County as a way to
help ensure the safety of fumigation operators. The
Program sought to ensure the proper handling of chemicals
and the correct use of safety equipment among other
important features. The sunset date has been extended a
number of times since then. In 1996, the "pilot project"
status was removed and the Program was expanded to also
include Orange County and San Diego County. In 1999, San
Diego County opted out of the Program. In 2007 the Santa
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Clara County was included in the Program, and in 2008, San
Diego County was again added to the Program.
The Program exercises oversight over 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.
Counties use this 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 Program 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.
Prior Legislation
AB 2223 (Horton), Chapter 450, Statutes of 2008, included
San Diego County in the existing Program and extended the
sunset date on the program to January 1, 2011.
AB 126 (Beall), Chapter 379, Statutes of 2007, added Santa
Clara County to the existing Program, specified that fees
collected under the program shall not be used to supplant
other funds and re-established a sunset date of January 1,
2010 on the Program.
SB 230 (Figueroa), Chapter 42, Statutes of 2006, eliminated
the July 1, 2006 sunset of the Program in Los Angeles and
Orange Counties.
SB 2026 (B&P Committee), Chapter 1013, Statutes of 2002,
extended the sunset date to July 1, 2006.
SB 1307 (B&P Committee), Chapter 983, Statutes of 1999,
removed San Diego County from the Program, and provided
that revenues from fees that are collected may be used for
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training in addition to enforcement of the structural
fumigation enforcement project. Extended the sunset date
to July 1, 2003.
SB 2238 (B&P Committee), Chapter 879, Statutes of 1998, AB
1678 (CPGE&ED Committee), Chapter 982, Statutes of 1999,
extended the sunset date to January 1, 2000.
SB 530 (Kelley), Chapter 71, Statutes of 1996, removed the
"pilot project" status, and expanded the Program to include
Orange County, and San Diego County in addition to Los
Angeles County. Extended the sunset date to January 1,
1999.
SB 378 (Calderon), Chapter 691, Statutes of 1995, extended
the 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 structural fumigation inspections and
enforcement activities. Required the DPR to contract with
the Los Angeles County Agricultural Commissioner for this
purpose. Imposed a $5 fee on each fumigation in the county
to pay for the enforcement activities. Provided that up to
five percent of revenue may be used for DPR or county
administrative expenses. Established a January 1, 1996
sunset.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 6/29/10)
Pest Control Operators of California (co-source)
California Agricultural Commissioners and Sealers
Association (co-source)
County of Santa Clara Board of Supervisors
ARGUMENTS IN SUPPORT : The Pest Control Operators of
California, the sponsor of the bill, writes that the
Program "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 Program is
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needed to provide effective review, control, and
enforcement of fumigation regulations. The law protects
workers, public health, and the environment from improper
and illegal use of fumigants."
ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Arambula, Beall, Bill Berryhill, Tom
Berryhill, Blakeslee, Blumenfield, Bradford, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Galgiani, Garrick, Hagman, Hall,
Harkey, Hayashi, Hernandez, Hill, Huber, Huffman,
Jeffries, Jones, Lieu, Logue, Bonnie Lowenthal, Ma,
Miller, Monning, Nava, Nestande, Niello, Nielsen, V.
Manuel Perez, Portantino, Ruskin, Salas, Saldana,
Skinner, Smyth, Solorio, Audra Strickland, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NOES: Anderson, Gaines, Knight
NO VOTE RECORDED: Bass, Block, DeVore, Gilmore, Mendoza,
Norby, Silva, Vacancy
JJA:do 6/29/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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