BILL ANALYSIS
SENATE FOOD and AGRICULTURE COMMITTEE
Senator Dean Florez, Chairman
BILL NO: AB 2122 HEARING: 6/15/10
AUTHOR: Mendoza FISCAL: Yes
VERSION: 4/15/10 CONSULTANT: John Chandler
Pesticides: regulations: continuing education.
BACKGROUND AND EXISTING LAW
The Department of Pesticide Regulation (DPR) is responsible for
adopting regulations establishing the minimum requirements for
education, continuing education, training, experience, and
examination for applications of any license or certificate or
renewals of any license or certificate issued by DPR. DPR is
prohibited from renewing a license or certificate if the
applicant has not completed the required continuing education
while their license or certificate was valid. DPR is required
to establish fees for licenses, certificates, continuing
education, examination, and penalties for late payment to
support the costs of those programs.
Continuing education courses are intended to ensure that
licensees and certificate holders remain current in the area of
laws and regulations; provide proper, safe and efficient
pesticide use; protect public health, the environment and
property; and, encourage safe working conditions for
agricultural and pest control workers. Pest control advisors
(PCA) are licensed by DPR and must have 20 hours of approved
continuing education units each year to maintain their license.
Licensed applicators (LA) work closely with PCAs in California
on application and implementation of pest control practices and
are also licensed by DPR and require continuing education hours
to maintain their license.
PROPOSED LAW
AB 2122 would do the following:
Require that any regulation or amendment dealing with
continuing education for pest management and plant health
establish minimum course requirements not limited to the
following areas: organic and sustainable practices, water
and air monitoring, residue mitigation, maximum residue
levels, quarantine practices, and the on-farm storage of
fumigants.
AB 2122 - Page 2
Require that a regulation or amendment of regulations
for continuing education require DPR to approve or reject
within 15 days any continuing education courses submitted
in accordance with existing law.
COMMENTS
1.Supporters of AB 2122 state that this bill would address
frustration with the difficulty of the current continuing
education process. Many of today's PCAs are advising farmers
on a wide range of agricultural practices beyond traditional
pest control. AB 2122 would attempt to broaden the continuing
education curriculum to address the advances in modern
agriculture so PCAs continue to receive the most current and
relevant education for agricultural, human, and environmental
health. DPR has not significantly updated the core
requirements of the program since the mid-1990s. Further, a
more reasonable approval timeframe of 15 days for accrediting
continuing education courses would help enhance the
availability of continuing education to DPR licensees. Many
continuing education courses are provided by county PCA groups
which seek accreditation from DPR for the courses. Under the
current 30-day timeframe DPR uses to approve courses, many PCA
groups have difficulty properly planning and administering
continuing education courses in a timely manner for their
members.
2.The Senate Rules Committee has doubled referred this bill to
the Senate Environmental Quality Committee as the second
committee of referral. Therefore, if this measure is approved
by this committee, the motion should include an action to
re-refer the bill to the Senate Committee on Environmental
Quality.
PRIOR ACTIONS
Assembly Floor 75-0
Assembly Appropriations 17-0
Assembly Environmental Safety 8-0
and Toxic Materials
Assembly Agriculture 8-0
SUPPORT
California Association of Nurseries and Garden Centers
AB 2122 - Page 3
California Association of Pest Control Advisers
California Certified Organic Farmers
California Women for Agriculture
OPPOSITION
None received