BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1244|
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THIRD READING
Bill No: SB 1244
Author: Lieu (D), et al.
Amended: 4/24/14
Vote: 21
SENATE BUSINESS, PROF. & ECON. DEV.COMMITTEE : 9-0, 4/28/14
AYES: Lieu, Wyland, Berryhill, Block, Corbett, Galgiani,
Hernandez, Hill, Padilla
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/14
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Structural Pest Control Board
SOURCE : Author
DIGEST : This bill extends, until January 1, 2019, the
provisions establishing the Structural Pest Control Board (SPCB)
and the term of the executive officer of the SPCB, and makes
numerous technical, updating and correcting changes to the
structural pest control law.
ANALYSIS :
Existing law:
1. Licenses and regulates structural pest control applicators,
field representatives and operators, and structural pest
control companies by the SPCB, and repeals the SPCB on
January 1, 2015.
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2. Authorizes the SPCB to appoint an executive officer, subject
to the approval of the Director of the Department of Consumer
Affairs (DCA) and repeals this provision on January 1, 2015.
3. Requires any person, including limited liability companies
(LLCs), to become licensed before performing structural pest
control.
4. Regulates the use of insecticides, pesticides, rodenticides,
fumigants, and allied chemicals and substances.
5. Defines methyl bromide, sulfur dioxide, propylene oxide,
sulfuryl fluoride and aluminum phosphide as lethal fumigants.
6. Requires that, at the request of the country agricultural
commissioner, fumigators provide a notice of intent to
fumigate to the commissioner.
7. Allows, but places restrictions on, the fumigation of a
single apartment within a larger structure.
8. Requires that fumigators place warning signs warning of
fumigation, and requires that the entire warning be printed
in red on white background.
9. Requires that fumigators use an adequate warning agent when
using fumigants that lack warning properties.
10.Defines "fumigator" as any individual licensed by the SPCB
within the branch of pest control that includes fumigation.
11.Prohibits any registered company from expressing an opinion
or statement relating to the control of household pests until
an inspection has been made.
12.Allows an unlicensed individual to apply pesticides for
training purposes, under the direct supervision of a licensed
field representative or operator, for a maximum of 30 days.
13.Requires written examinations and various written forms in
several places throughout the Business and Professions Code
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(BPC) relating to pest control licenses.
14.Allows certain types of licensees (Branch 2) to choose to be
certified in the handling, control, and removal of
Africanized honey bees, and requires that the SPCB either
develop or approve a program for the certification.
15.Provides that all applicator licenses expire at 12 midnight
three years from the date of issue, while operator and field
representative licenses expire at 12 midnight on June 30 of
every third year.
16.Allows the SPCB or county agricultural commissioner, to
cite, fine, and suspend the activity of licensees or
registered companies for violations of the structural pest
control law or any regulations adopted under that law or for
specified provisions of the Food and Agricultural Code, or
any regulations relating to pesticides adopted under those
laws.
17.Requires that all complaints against licensees or registered
companies be filed with the SPCB within two years after the
act or omission, and four years in the case of fraud. Also
requires the SPCB to file accusations within one year after
the complaint has been filed or two years in the case of
fraud.
18.Provides that, where the SPCB has determined that a property
that a registered company has worked on is not in compliance,
the company has 30 days from the receipt of notice to bring
the property into compliance.
19.Provides that the SPCB can bring a disciplinary action
against a registered company that fails to maintain records
for a minimum of three years.
This bill:
1. Extends the operation of the SPCB and the authority to
appoint an executive officer until January 1, 2019.
2. Removes LLCs from the definition of "person."
3. Adds a definition for "pesticide," which includes any spray
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adjuvant and any substance, or mixture of substances intended
to be used for preventing, destroying, repelling, or
mitigating any pest or organism.
4. Eliminates sulfur dioxide and propylene oxide from the list
of lethal fumigants.
5. Eliminates the provisions regarding the now impermissible
practice of fumigating a single apartment within a larger
complex.
6. Allows the text of fumigation warning signs to be printed in
legible ink of any color, rather than just red on white.
7. Provides for an exception to the use of an adequate warning
agent. Specifically, allows for the state regulatory
authority to waive the use of chloropicrin when it may damage
or contaminate the contents of a structure. If waived, it
must be documented in advance and must include alternative
safety precautions.
8. Adds the requirement of a "3-Day Right to Cancel" in home
solicitation contracts.
9. Extends the number of days an unlicensed individual, working
for a registered company, may apply pesticides for training
purposes from 30 days to 90 days.
10.Eliminates the use of written, paper, and hardcopy document
references as it relates to licenses and licensees.
11.Eliminates the option for applicants to become certified in
the control of Africanized honey bees and the requirement
that the SPCB either develop or certify a program for the
certification.
12.Changes the expiration date of applicator's licenses from 12
midnight three years from the date of issue to 12 midnight on
June 30 of every third year.
13.Requires that actions brought pursuant to BPC Section 8617
be commenced by the county agricultural commissioner within
two years of the occurrence. Also requires that once the
commissioner submits a completed investigation to the SPCB,
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the action be commenced within one year of the submission.
14.Allows the SPCB to grant extensions to companies required to
bring noncompliant properties into compliance.
15.Defines "original applicator's license" as a license issued
to someone that did not have a license during the prior
licensing period, and defines a renewal applicator's license
as a license issued to someone that did.
16.Specifies that the negligent handling or use of any
pesticide and the failure to comply in the sale or use of
pesticides are grounds for disciplinary action.
17.Allows individuals licensed as applicators to request an
earlier expiration date and have their fees prorated.
Background
This bill is one of six "sunset review bills" authored by the
Chair of the Senate Business, Professions and Economic
Development (BPED) Committee. Unless legislation is carried
this year to extend the sunset dates for the SPCB and its
executive officer they will be repealed on January 1, 2015.
This bill extends those provisions to January 1, 2019, and makes
a number of legislative changes regarding the SPCB reflected in
the recommendations in the Committee's background paper.
In 2014, the Senate BPED Committee and the Assembly Business,
Professions and Consumer Protection Committee conducted joint
oversight hearings to review nine regulatory entities: Bureau
of Automotive Repair; Bureau of Home Furnishings and Thermal
Insulation; Bureau for Private Postsecondary Education;
California Massage Therapy Certification program; California
Board of Acupuncture; California Tax Preparer program; Dental
Hygiene Committee of California; Professional Fiduciaries
Bureau; and the SPCB.
The Committees began their review of the aforementioned
licensing agencies in March and conducted two days of hearings.
This bill, and the accompanying sunset bills, are intended to
implement legislative changes as recommended in the Committee's
Background Papers prepared for each agency and program reviewed
by the Committees for this year.
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NOTE: For a summary of the issues and recommendations relating
to the SPCB, refer to the Senate BPED Committee analysis
of April 28, 2014.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: No
According to the Senate Appropriations Committee, projected
expenditures of approximately $4.85 million annually (Structural
Pest Control Fund, Structural Pest Control Education and
Enforcement Fund), supporting 29.9 personnel years until January
1, 2019, partially offset by fee revenues of $4.24 million,
based on the proposed 2014-15 Budget.
DCA indicates that costs associated with extending the
operations of the SPCB and its executive director, and making
numerous technical, clarifying, and non-substantive changes to
the Structural Pest Control Act will be minor and absorbable and
within existing resources.
SUPPORT : (Verified 5/23/14)
Cardinal Professional Products
Pest Control Operators of California
Western Exterminator Company
ARGUMENTS IN SUPPORT : The Pest Control Operators of
California (PCOC) writes, "SB 1244 will include the Structural
Pest Control Board Act Review Committee's recommendations. Our
members have been working with the Structural Pest Control Board
throughout the entire process to identify areas that require
updating and PCOC believes this is an important component of the
bill."
MW:k 5/23/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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