BILL ANALYSIS �
AB 1685
Page 1
Date of Hearing: April 8, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
AB 1685 (Williams) - As Amended: April 2, 2014
SUBJECT : Structural pest control operators: fees.
SUMMARY : Increases the statutory maximum for licensure
examination fees charged by the Structural Pest Control Board
(Board). Specifically, this bill :
1)Authorizes a registered structural pest control company to
provide by electronic mail a written notice to the owner or
owner's agent, and the tenant of the premises where pest
control work is to be done.
2)Removes the $15 cap on the applicator's examination fee, and
instead authorizes the Board to charge a fee in an amount
sufficient to cover the "reasonable regulatory cost" of
administering the examination.
3)Increases the maximum licensure examination fees as follows:
a) Operator examination fees from $25 to $100;
b) Field Representative examination fees from $15 to $75;
and,
c) Applicator examination fees from $15 to $60.
4)Removes the $50 cap on examination fees in cases where the
exam is taken during the course of license renewal, and
instead authorizes the board to charge an examination fee
amount sufficient to cover the reasonable regulatory cost of
administering each exam.
EXISTING LAW
1)Provides a comprehensive licensure scheme for the regulation
of the structural pest control industry which, among other
things, sets forth a fee schedule for licensure and
registration of those companies and their personnel who are
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engaged in structural pest control work. (Business and
Professions Code (BPC) Section 8500, et seq.)
2)Establishes the Board to administer and enforce structural
pest control statutes and regulations. (BPC 8520-8536)
3)Authorizes the Board to charge an examination fee in an amount
sufficient to cover the cost of administering the examination
not to exceed fifteen dollars ($15). (BPC 8564.5(d))
4)Authorizes the Board to charge a fee for the retaking of an
examination during the course of license renewal in an amount
sufficient to cover the cost of administering each
examination, provided, however, that in no event shall the fee
exceed fifty dollars ($50) for each examination. (BPC 8593)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . AB 1685 would increase the statutory
maximums on certain examination fees charged by the Board to
support the transition to computer based testing (CBT). CBT
is anticipated to significantly reduce the risks of cheating
and simplify test validation, scheduling, and monitoring for
Board staff and examinees. This bill is sponsored by the Pest
Control Operators of California.
2)Author's statement . According to the author's office, "There
are currently 17 CBT sites proposed in the state of California
and 22 sites in other states. The Board currently only has two
examination sites. As such, CBT is an obvious improvement in
testing availability and efficacy, particularly for
out-of-state candidates who will save on costs associated with
airfare and other travel to California to take an examination.
This bill increases the existing examination fees for each
license type which are currently capped at $25 and haven't
been increased in more than 50 years."
3)The structural pest control industry . The Board regulates the
pest control industry and issues licenses to individuals
engaged in the structural fumigation of pests. "Fumigation"
is the use of a substance to destroy plant and animal life
within an enclosed space. Structural fumigation applies
solely to the fumigation of houses or other structures, such
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as railroad cars, ships, docks, trucks, and airplanes. To
fumigate a home or structure, it must be vacated and enclosed
with a tent or tarps, and after a fumigant is released the
home or structure must remain enclosed for a set period of
time to kill the pests. Afterwards, the home or structure
must be properly ventilated before the inhabitants can return.
Structural fumigation is regulated by the Board because it
utilizes large quantities of toxic chemicals, particularly
sulfuryl fluoride. Sulfuryl fluoride is a highly toxic
pesticide fumigant used to control termites and other pests in
homes and other structures. Sulfuryl fluoride is colorless,
odorless, and leaves no residue; if used incorrectly, it can
result in fluoride poisoning and cause illness or death in
humans.
4)Proposed fee increase . The proposed fee cap increases are
intended to allow the Board to raise the money necessary to
modernize testing methodologies from its current written
examination and more efficiently offer the tests required to
become a licensed operator in California. If this bill were
enacted, the Board would finalize a cost analysis and then
promulgate regulations to support the Board's fully loaded
costs to administer the examination program. The Board has
already started a CBT pilot program with two testing sites and
is currently absorbing the additional CBT examination cost.
According to the Board, the current cost to administer each
examination is $37.50 under a Department of Consumer Affairs
contract with an outside CBT vendor. The Board anticipates
increasing the examination fees by roughly $40 per licensure
category to cover the actual costs of administering the
examination. The Board anticipates this moderate increase in
fees will have a minimal impact on licensees. The proposed
examination fee increases by the Board would raise the
operator examination fee from $25 to $65; the field
representative examination fee from $15 to $50; and the
applicator examination fee from $15 to $55.
This bill would also remove the $50 cap on examination fees in
cases where a renewing licensee opts to retake the examination
in order to demonstrate his or her knowledge of developments
in the field of pest control in lieu of submitting proof of
completion of required continuing education.
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5)Notice Requirement . AB 1685 would also change the way in which
notice is delivered for pest control work by including
electronic mail as an additional method of delivery.
Currently, notice may be mailed, posted or personally
delivered.
To ensure that the "conspicuous" requirement of notice is
satisfied, notice by default will be delivered for pest
control work by first class mail, and sent as electronic mail
only at the customer's request.
6)Arguments in support . According to the Pest Control Operators
of California, "[The current tests are only given in the
Northern and Southern California locations, once a month
causing a business owner a lot of financial strain. As a
result of the antiquated testing system, tests have also been
compromised numerous times[,] costing the [Board] tens of
thousands of dollars. In addition, tests [have] had to be
postponed to be rewritten, also costing the industry payroll
and job losses. [This bill] will help improve the application
and licensing process in a manner that will save pest control
companies far more than the nominal fee increases."
" [This bill] will [also] help bring the industry up to date
with advances in today's technology. We know that electronic
mail is more timely environmentally friendly, and easier to
track and retrieve. By making this modification it would not
only be making the consumer interaction more favorable, but it
would allow Pest Management Professionals to have more options
that are in line with today's standards."
7)Previous legislation . AB 1177 (Bocanegra) (Chapter 596,
Statutes of 2013) established a structural fumigation
enforcement program that requires the Director of the
Department of Pesticide Regulation to provide oversight for
the program that oversees which commissioners may perform
increased structural fumigation, inspection, and enforcement
activities, to be funded by an $8 increase in the filing fee.
AB 1284 (Eng) (Chapter 488, Statutes of 2008) increased the
registration fee for geologists and geophysicists from $300 to
$450.
SB 136 (Figueroa) (Chapter 909, Statutes of 2004) established
an examination fee of $100 for marriage and family therapists
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and a reexamination fee of $150, and also required the Board
of Behavioral Sciences to adjust all examination fees to
reflect actual costs incurred in holding the examinations.
AB 446 (Committee on Business and Professions) (Chapter 204,
Statutes of 2001) established an examination fee cap of $15
for structural pest control licensure examinations.
REGISTERED SUPPORT / OPPOSITION :
Support
Pest Control Operators of California (sponsor)
Opposition
None on file.
Analysis Prepared by : Girard Kelly / B.,P. & C.P. / (916)
319.3301