BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2122|
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THIRD READING
Bill No: AB 2122
Author: Mendoza (D), et al
Amended: 8/17/10 in Senate
Vote: 21
SENATE FOOD AND AGRICULTURE COMMITTEE : 5-0, 6/15/10
AYES: Florez, Emmerson, Hancock, Hollingsworth, Wolk
SENATE ENV. QUALITY COMMITTEE : 7-0, 6/28/10
AYES: Simitian, Runner, Corbett, Hancock, Lowenthal,
Pavley, Strickland
SENATE APPROPRIATIONS COMMITTEE : 11-0, 8/12/10
AYES: Kehoe, Ashburn, Alquist, Corbett, Emmerson, Leno,
Price, Walters, Wolk, Wyland, Yee
ASSEMBLY FLOOR : 75-0, 6/1/10 - See last page for vote
SUBJECT : Pesticides: regulations: continuing education
SOURCE : California Association of Pest Control Advisors
DIGEST : This bill requires any regulations, adopted or
amended, dealing with continuing education for any
pesticide application or license, to include specific
minimum course requirements and requires the Director of
the Department of Pesticide Regulation to act within 15
business days to approve or reject the courses.
ANALYSIS : The Department of Pesticide Regulation (DPR)
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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 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.
This bill:
1. Requires 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, all in the context of
pesticides and pest management.
2. Requires that a regulation or amendment of regulations
for continuing education require DPR to approve or
reject within 15 business days of receipt, any
continuing education courses submitted in accordance
with existing law.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
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Local: No
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2010-11 2011-12
2012-13 Fund
Evaluating course Absorbable within
existing resources Special*
curricula
* Department of Pesticide Regulation Fund
SUPPORT : (Verified 8/16/10)
California Association of Nurseries and Garden Centers
California Association of Pest Control Advisers
California Certified Organic Farmers
California Women for Agriculture
ARGUMENTS IN SUPPORT : Supporters of this bill state that
this bill addresses 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. This bill
attempts 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.
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ASSEMBLY FLOOR :
AYES: Adams, Ammiano, Anderson, Arambula, Bass, Beall,
Bill Berryhill, Blakeslee, Block, Blumenfield, Brownley,
Buchanan, Caballero, Charles Calderon, Carter, Chesbro,
Conway, Cook, Coto, Davis, De La Torre, De Leon, DeVore,
Emmerson, Eng, Evans, Feuer, Fletcher, Fong, Fuentes,
Fuller, Furutani, Gaines, Galgiani, Garrick, Gilmore,
Hagman, Hall, Harkey, Hayashi, Hernandez, Hill, Huber,
Huffman, Jeffries, Jones, Knight, Lieu, Logue, Bonnie
Lowenthal, Ma, Mendoza, Miller, Monning, Nava, Nestande,
Niello, Nielsen, V. Manuel Perez, Portantino, Ruskin,
Salas, Saldana, Silva, Skinner, Smyth, Solorio, Swanson,
Torlakson, Torres, Torrico, Tran, Villines, Yamada, John
A. Perez
NO VOTE RECORDED: Tom Berryhill, Bradford, Norby, Audra
Strickland, Vacancy
TSM:mw 8/16/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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