BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 2122
                                                                  Page 1

          Date of Hearing:   April 20, 2010

           ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
                                  Pedro Nava, Chair
                   AB 2122 (Mendoza) - As Amended  April 15, 2010 
           
          SUBJECT  :   Pest control advisors (PCA) licensure.

           SUMMARY  :   Modifies the continuing education (CE) requirements  
          of the Department of Pesticide Regulations (DPR) for PCAs.  
          Specifically, this bill  :  

          1)Authorizes DPR to approve continuing education  training for  
            PCAs to include the following subjects related to pest  
            management and plant health:
             a)   Organic and sustainable practices,
             b)   Water and air monitoring,
             c)   Residue mitigation and maximum allowable residue,
             d)   Crop quarantine practices; and,
             e)   On-farm storage of fumigants.

          2)Requires the Director of DPR to act within 15 days of  
            receiving a request for approval of PCA CE courses.

           EXISTING LAW  :

          1)Requires a person acting as a PCA to be licensed by DPR.  The  
            license cannot be renewed unless the holder has completed  
            certain minimum continuing education hours relating to  
            pesticides or pest management within each two-year license or  
            certification period.

          2)Requires DPR to review and approve the course material offered  
            to meet the continuing education requirements.
           
          FISCAL EFFECT  :   Not known.

           COMMENTS  :  

           Need for the bill.    "According to the author of the bill County  
          Pest Control Advisor groups provide continuing education classes  
          both for their members as well as licensed applicators.  This is  
          done largely on a volunteer basis.  Because continuing education  
          courses are provided by volunteers, it is difficult to create  
          and implement standards.  The Department of Pesticide Regulation  








                                                                  AB 2122
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          (DPR) needs to address current pest management practices related  
          to authorizing continuing education requirements.  Licensees in  
          California have numerous regulatory responsibilities to provide  
          safeguards to the public, the environment and employees when  
          selecting permitted products to provide effective pest  
          management.  DPR needs to consider additional continuing  
          education unit opportunities."

           Continuing education for pest control advisors .   According to  
          DPR, continuing education for PCAs includes educational classes,  
          workshops, seminars, tours, conferences, etc. that teach pest  
          control licensees and certificate holders information on pest  
          management and pesticides. 

          CE subjects  must focus on pesticide and pest management  topics  
          that may include:  laws and regulations, safety, pest  
          identification, surface water, groundwater and air quality  
          issues, calibration of equipment, labeling requirements, etc.   
          All CE classes must be pre-approved by DPR in order to be used  
          for CE credit by license and certificate holders.  

          The purpose of continuing education is to ensure license and  
          certificate holders to keep their knowledge current in the area  
          of pest control laws and regulations; provide proper, safe and  
          efficient pesticide use; protect the public health, environment  
          and property; and encourage safe working conditions for  
          agricultural and pest control workers.  CE recertification helps  
          ensure competency and is in lieu of re-examination. 

           15 days to review CE plans  .  This bill requires DPR to review  
          and take action on CE course material in 15days from receiving  
          the material.  There are two issues created by this mandate.   
          First, the current 30 day requirement for training document  
          submission may be a reasonable amount of time to actually review  
          material.  Secondly, the bill fails to indicate what the effect  
          of not meeting the 15 day deadline would be.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 

           California Association of Pest Control Advisors (sponsor)


           Opposition 








                                                                 AB 2122
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           None received.
           

          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965