BILL ANALYSIS
AB 2122
SENATE COMMITTEE ON ENVIRONMENTAL QUALITY
Senator S. Joseph Simitian, Chairman
2009-2010 Regular Session
BILL NO: AB 2122
AUTHOR: Mendoza
AMENDED: April 15, 2010
FISCAL: Yes HEARING DATE: June 28, 2010
URGENCY: No CONSULTANT: Caroll
Mortensen
SUBJECT : PESTICIDES: CONTINUING EDUCATION
SUMMARY :
Existing law , pursuant to the Food and Agricultural Code:
1) Requires Department of Pesticide Regulation (DPR) to adopt
regulations to govern the business of pest control.
(11501).
2) Requires DPR 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 DPR. (11502.5).
This bill :
1) Requires that any regulation or amendment dealing with
curriculum for continuing education for pest management and
plant health establish minimum course requirements,
including but not limited, to the following areas:
a) Organic and sustainable practices.
b) Water and air monitoring.
c) Residue mitigation and maximum residue levels.
d) Quarantine practices.
e) On-farm storage of fumigants.
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2) Requires 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) Purpose of Bill . The sponsor of AB 2122, the California
Association of Pest Control Advisors, states that this bill
addresses on-going frustrations with difficulties making
changes to the current continuing education process. This
bill broadens the continuing education curriculum to
address the advances in modern agriculture so Pest Control
Advisors (PCAs) continue to receive the most current and
relevant education for agricultural, human, and
environmental health. This establishes clear direction to
DPR that these are acceptable elements for continuing
education curricula. DPR has not significantly updated the
core requirements of the program since the mid-1990s.
Also, this bill provides for a reasonable approval
timeframe of 15 days for accrediting continuing education
courses would help enhance the availability of continuing
education to DPR licensees. 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.
Many continuing education courses are provided by county
PCA groups which seek accreditation from DPR for the
courses.
2) Pest Control Advisors . PCAs are licensed professional
consultants who serve California agriculture and
horticulture producers. They specialize in pest
management, but they are also an important resource to
producers in a wide range of production concerns related to
plant health. Qualifications for licensing include a BA or
BS degree in Agricultural Sciences, Biological Sciences,
Pest Management or technical experience and college level
curriculum that includes science courses for a total of 42
semester or 63 quarter units. The applicant must then pass
a written examination in the categories in which they
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expect to work and provide consulting advice. To maintain
a PCA license, they must complete a minimum of 40 hours of
Cal EPA approved instruction relating to pest management
within each two-year licensing period.
3) DPR's Role . 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. PCAs
and must have 40 hours of approved continuing education
units each license cycle (every two years) to maintain
their license.
4) Changing Agricultural Practices . According to the UC Davis
Sustainable Agriculture Research and Education Program, the
growing sustainable agriculture movement has emerged during
the past two decades. Today this movement for sustainable
agriculture is garnering increasing support and acceptance
within mainstream agriculture. Not only does sustainable
agriculture address many environmental and social concerns,
but it offers innovative and economically viable
opportunities for growers, laborers, consumers,
policymakers and many others in the entire food system. It
is important that regulators such as DPR are keeping with
these trends and are promoting and providing education on
practices that are scientifically sound and beneficial to
not just agriculture, but human and environmental health.
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SOURCE : California Association of Pest Control Advisers
SUPPORT : California Association of Nurseries and Garden
Centers, California Certified Organic Farmers,
California Women for Agriculture
OPPOSITION : None on file