BILL ANALYSIS
AB 2122
Page 1
CORRECTED - 06/02/2010 Technical change (Member name)
ASSEMBLY THIRD READING
AB 2122 (Mendoza)
As Amended April 15, 2010
Majority vote
AGRICULTURE 8-0 ENVIRONMENTAL SAFETY
8-0
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|Ayes:|Galgiani, Tom Berryhill, |Ayes:|Nava, Miller, Blakeslee, |
| |Conway, Fuller, Hill, Ma, | |Chesbro, Feuer, Monning, |
| |Mendoza, Yamada | |Ruskin, Smyth |
| | | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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APPROPRIATIONS 17-0
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|Ayes:|Fuentes, Conway, Ammiano, |
| | |
| |Bradford, Charles |
| |Calderon, Coto, |
| |Davis, Monning, Ruskin, |
| |Harkey, |
| |Miller, Nielsen, Norby, |
| |Skinner, |
| |Solorio, Torlakson, |
| |Torrico |
|-----+--------------------------|
| | |
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SUMMARY : Requires any regulations, adopted or amended, dealing
with continuing education (CE) for any pesticide application or
license, to include specific minimum course requirements and
requires the Director (Director) of the Department of Pesticide
Regulation (DPR) to act within 15 days to approve or reject CE
courses. Specifically, this bill :
1)Requires regulations adopted or amended for CE, as required by
existing law, to establish minimum course requirements to
address the following areas:
AB 2122
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a) Organic and sustainable practices;
b) Nutrient management practices, including but not limited
to, water and air monitoring and residual mitigation;
c) Maximum residual levels;
d) Quarantine practices; and,
e) On-Farm storage of fumigants.
2)Requires a regulation adopted or amended for CE to require the
director of DPR to approve or reject within 15 days any CE
courses submitted in accordance with existing law.
3)Makes technical non-substantive changes.
EXISTING LAW permits DPR to adopt regulations establishing the
minimum requirements for education, CE, training, experience,
and examination for applicants of any license or certificate, or
renewals of any license or certificate, or renewal of any
license or certificate issued by DPR pursuant to their
authority; prohibits the renewal of a license or certificate if
the recipient does not complete required CE during the period of
validity of the license or certificate; requires the
establishment of fees for licenses, certificates, and
examinations, penalties for late payments and requires the fees
be so set that they support the cost of these programs; requires
all regulations be adopted in accordance with Title 2 of the
Government Code; and, requires that the Office of Administrative
Law consider these as emergency regulations. (Food and
Agricultural Code Section 11502.5.)
FISCAL EFFECT : According to the Assembly Committee on
Appropriations, the costs associated with this legislation
should be minor and absorbable within existing resources.
COMMENTS : The sponsors are frustrated by the current approval
process, which makes it difficult for Pest Control Advisors
(PCAs) and Licensed Applicators (LAs) to meet their CE
requirements. They have had CE requests for multiple hours sent
to DPR and advertised to participants those hours, and then have
them significantly reduced by DPR without time to get additional
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hours approved. This is a problem for an industry that is
trying to meet certification requirements in a timely manner.
They state that the purpose of AB 2122 is to broaden CE
curriculum offered to PCA and other DPR licensed professionals
to include the latest trends and innovations in crop production
and pest controls. DPR has not significantly changed its core
course requirements since the mid 1990s, and much has changed in
the area of agronomic practices, environmental protection and
stewardship, water use, monitoring and enforcement requirements,
nutrient and plant health. Further, they feel the 15 day course
accreditation requirement for DPR will enhance CE opportunities
for DPR licensees.
According to DPR's Web site, the purpose of CE is to ensure
license and certificate holders keep their knowledge current in
the area of laws and regulations; provide proper, safe and
efficient pesticide use; protect public health, environment and
property; and, encourage safe working conditions for
agricultural and pest control workers. Examples of CE course
subjects cover pest management and pesticides and may include
college level instruction, demonstrations or presentations of
current applied research; professional or technical seminars;
demonstrations relating to pesticides or pest management; and,
field trial tours. Sales presentations or exams and testing are
not approved for CE credit.
DPR provides examples of course topics, other than pest
management and pesticides, which may be approved, are as
follows: Pest identification, crop ecosystems, pest life
histories, economic thresholds, cultural practices, biological
control, plant and animal management systems, chemical control
and other components of pest management systems. Other examples
include characteristics, advantages, selection, use, cleanup,
and care of ground equipment; use of compressed air, back-pack,
low-pressure, high-pressure hydraulic, and air-blast sprayers;
ultra-low volume, injection pump, dust and granular
applications; application and drift reduction techniques; and,
equipment calibration.
PCAs are being asked to provide a broader range of advice to
farmers and ranchers than the historic pest management and
pesticides. Such advice could include how to handle pesticides,
in order to meet of the State Water Resources Control Board's
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waste water discharge requirements from a property, or meeting
the air quality requirements of a regional air quality board.
PCAs provide a range of crop production advice ranging from land
preparation, planting, irrigation, fertilization, cultivation
and harvest, so the need to be educated on the latest techniques
and technology in these areas can benefit them and the farmer.
In requesting approval of a CE class, regulations require
submission of a CE request at least 30 days prior to the event,
which is roughly the timeframe DPR uses for approval or
rejection of the classes and hour credits. When a request is
made, the presenter provides the hours of credit proposed, which
may be reduced by DPR if they do not cover the appropriate
subject matter as determined by DPR. This has caused some
disputes between the requesters and DPR.
There remains the concern that DPR may not have the technical
expertise to appropriately critic areas outside of pest
prevention and pesticide application, creating potential CE
classes that may not have the correct instruction, materials or
the appropriate credit hours.
Analysis Prepared by : Jim Collin / AGRI. / (916) 319-2084
FN: 0004627