BILL NUMBER: AB 2122 CHAPTERED
BILL TEXT
CHAPTER 375
FILED WITH SECRETARY OF STATE SEPTEMBER 27, 2010
APPROVED BY GOVERNOR SEPTEMBER 25, 2010
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 24, 2010
AMENDED IN SENATE AUGUST 17, 2010
AMENDED IN ASSEMBLY APRIL 15, 2010
AMENDED IN ASSEMBLY MARCH 25, 2010
INTRODUCED BY Assembly Member Mendoza
(Coauthors: Assembly Members Tom Berryhill, Conway, and Ma)
FEBRUARY 18, 2010
An act to amend Section 11502.5 of the Food and Agricultural Code,
relating to pesticides.
LEGISLATIVE COUNSEL'S DIGEST
AB 2122, Mendoza. Pesticides: regulations: continuing education.
Existing law authorizes the Director of Pesticide Regulation to
adopt regulations to establish the minimum requirements of education,
continuing education, training, experience, and examination for
applicants for any license or certificate, or renewal of any license
or certificate, issued by the director pertaining to pesticides.
This bill would provide that a regulation adopted or amended
pertaining to continuing education requirements shall establish
minimum course requirements related to pesticides and pest management
and would require the director to approve courses that include
certain subjects in the context of pesticides and pest management.
The bill would require the director to act within 15 business days of
receipt to approve or reject continuing education courses submitted
to meet the requirements of law pertaining to pesticides.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11502.5 of the Food and Agricultural Code is
amended to read:
11502.5. (a) The director may adopt regulations to establish the
minimum requirements of education, continuing education, training,
experience, and examination for applicants for any license or
certificate, or renewal of any license or certificate, issued by the
director pursuant to this division or Division 7 (commencing with
Section 12500). A regulation adopted or amended pursuant to this
section pertaining to continuing education requirements shall
establish minimum course requirements related to pesticides and pest
management. The director shall approve courses that include plant
health, organic and sustainable practices, water and air monitoring
and residue mitigation, maximum residue levels, quarantine practices,
and the on-farm storage of fumigants, all in the context of
pesticides and pest management. The director shall not renew a
license or certificate if the person who was issued the license or
certificate did not complete the required continuing education during
the period of validity of the license or certificate, and the person
must take and pass the examination to be again issued such a license
or certificate. The director shall act within 15 business days of
receipt to approve or reject continuing education courses submitted
to meet the requirements of this division or Division 7 (commencing
with Section 12500).
(b) The director shall establish, by regulation, fees for the
department's licensing and certification programs as established
pursuant to this division or Division 7 (commencing with Section
12500). These programs include, but are not limited to:
(1) License and certificate examination, application, and renewal.
(2) Approval of continuing education courses and continuing
education course providers.
(3) Changes related to any license or certificate, including, but
not limited to, name or address changes, license or certificate
replacement costs, duplicate copy of a license or certificate, and
changes in qualified person, bond, insurance, or registered officers.
(4) Penalties for late payment of licensing and certification
fees.
(c) The fees established pursuant to this section may include
administrative costs, including overhead costs.
(d) The regulations shall provide that the examination fee may be
charged to applicants who request the director to reschedule an
examination due to the applicant's failure to obtain a passing score
or failure to appear for the scheduled examination, and for
scheduling an examination to amend a license.
(e) The fees established pursuant to this section shall be set so
that the total revenue collected each fiscal year is sufficient to
support the expenditure levels for these programs contained in the
annual Budget Act. If the director determines that the revenue
collected during the preceding year was greater than, or less than,
the expenditure levels for these programs set forth in the Budget
Act, the director may further adjust the current fees to compensate
for the overcollection or undercollection.
(f) Funds collected pursuant to this section shall be deposited in
the Department of Pesticide Regulation Fund, and shall be available
for expenditure by the department, upon appropriation, for the
purposes of carrying out the programs established pursuant to this
division or Division 7 (commencing with Section 12500).
(g) The regulations adopted pursuant to this section, or any
amendment thereto, shall be adopted by the director in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. The adoption of these
regulations shall be considered by the Office of Administrative Law
as an emergency, and necessary for the immediate preservation of the
public peace, health, safety, and general welfare. Notwithstanding
any other provision of law, the emergency regulations adopted
pursuant to this section shall remain in effect until amended by the
director.