BILL ANALYSIS �
SB 1244
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Date of Hearing: June 10, 2014
ASSEMBLY COMMITTEE ON BUSINESS, PROFESSIONS AND CONSUMER
PROTECTION
Susan A. Bonilla, Chair
SB 1244 (Lieu) - As Amended: April 24, 2014
SENATE VOTE : 36-0
SUBJECT : Structural Pest Control Board.
SUMMARY : Extends the sunset date on the Structural Pest
Control Board (SPCB) until January 1, 2019, and makes numerous
technical and nonsubstantive changes to the Structural Pest
Control Law. Specifically, this bill :
1)Extends the operation of the SPCB and its authority to appoint
an executive officer until January 1, 2019.
2)Removes limited liability companies (LLCs) from the definition
of "person."
3)Deletes sulfur dioxide and propylene oxide from the list of
lethal fumigants.
4)Requires automatic notice to be given, rather than upon
request, to the agricultural commissioner in the county where
fumigation is to be performed.
5)Eliminates provisions regarding the practice of fumigating a
single apartment within a larger complex.
6)States that the text of fumigation warning signs indicating the
date and time fumigant was injected, and the name, address and
telephone number of the registered company performing the
fumigation to be printed in legible ink of any color, rather
than just red on white.
7)Requires a waiver from the state regulatory authority if a
registered company performing fumigation finds that the use of
chloropicrin is not possible, as specified.
8)Requires all home solicitation contracts to be subject to a
three-day right to cancel, as specified in existing law.
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9)Extends the number of days from 30 days to 90 that an
unlicensed individual, working for a registered company, may
apply pesticides for training purposes.
10)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.
11)Changes the expiration date of an operator, field
representative, and applicator license from 12 midnight three
years from the date of issue to 12 midnight on June 30 of
every third year.
12)Requires that certain enforcement actions be commenced by the
country agricultural commissioner within two years of the
violation. If an agricultural commissioner submits a
completed investigation to the SPCB for action by the
registrar of the Attorney General, the action shall be
commenced within one year of that submission.
13)Authorizes SPCB to grant extensions to companies required to
bring noncompliant properties into compliance.
14)Allows individuals licensed as applicators to request an
earlier expiration date and have their fees prorated.
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)Defines "pesticide" as any spray adjuvant and any substance,
or mixture of substances intended to be used for preventing,
destroying, repelling, or mitigating any pest or organism.
17)Makes other technical and conforming changes.
EXISTING LAW :
1) Licenses and regulates structural pest control applicators,
field representatives and operators, and structural pest
control companies by SPCB within the Department of Consumer
Affairs (DCA) and repeals the SPCB on January 1, 2015.
(Business and Professions Code (BPC) Section 8500 et seq.)
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2) Authorizes SPCB to appoint an executive officer, subject to
the approval of the director of DCA and repeals this
provision on January 1, 2015. (BPC 8528)
3) Requires any person, including LLCs, to become licensed
before performing structural pest control. (BPC 8504)
4) Regulates the use of insecticides, pesticides, rodenticides,
fumigants, and allied chemicals and substances. (BPC 8505)
5) Defines methyl bromide, sulfur dioxide, propylene oxide,
sulfuryl fluoride and aluminum phosphide as lethal fumigants.
(BPC 8505.1)
6) Requires that, at the request of the country agricultural
commissioner, fumigators provide a notice of intent to
fumigate to the commissioner. (BPC 8505.5)
7) Authorizes, but places restrictions on, the fumigation of a
single apartment within a larger structure. (BPC 8505.6)
8) Requires that fumigators place warning signs warning of
fumigation, and requires that the entire warning be printed
in red on white background. (BPC 8505.10)
9) Requires that fumigators use an adequate warning agent when
using fumigants that lack warning properties. (BPC 8505.12)
10)Authorizes 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.
(BPC 8551.5)
11)Authorizes certain types of licensees to choose to be
certified in the handling, control, and removal of
Africanized honey bees, and requires that SPCB either develop
or approve a program for the certification. (BPC 8565.6)
12)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. (BPC 8590, 8590.1)
13)Allows the SPCB or county agricultural commissioner to cite,
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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.
(BPC 8617)
14)Requires that all complaints against licensees or registered
companies be filed with SPCB within two years after the act
or omission, and four years in the case of fraud. Also
requires SPCB to file accusations within one year after the
complaint has been filed or two years in the case of fraud.
(BPC 8621)
15)Provides that, where the SPCB has determined that a property
that a registered company has worked on is not in compliance,
the company has thirty days from the receipt of notice to
bring the property into compliance. (BPC 8622)
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill . This bill extends the sunset date on
the SPCB until January 1, 2019, and makes numerous technical
and nonsubstantive changes to the Structural Pest Control Law
based on the Senate Business, Professions, and Economic
Development Committee's (BPED) 2014 Sunset Review Report.
This bill is author-sponsored.
2)Author's statement . According to the author's office, "This
bill is one of six sunset review bills authored by [Senator
Lieu, Chair of BPED]. 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 SPCB reflected in the
recommendations in BPED's background paper."
3)SPCB . SPCB was established in 1936. SPCB issues three types
of licenses for three different practice areas (branches) of
pest control: applicator, field representative, and operator.
As of the FY 2012/2013 year, the licensee population included
5,051 Applicators, 10,549 Field Representatives, and 3,601
Operators. Each license has its own scope of practice,
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entry-level requirements, and education/examination
requirements, with some overlap.
4)Sunset Review . In 2014, BPED and the Assembly Business,
Professions and Consumer Protection Committee conducted joint
oversight hearings to review nine regulatory entities,
including SPCB.
This bill reflects technical and non-controversial changes to
the Structural Pest Control Law recommended by SPCB, as well
as the extension of SPCB's regulatory authority for another
four years.
5)Author's amendment . The author wishes to restore the
recognition of LLCs as persons, as this issue was not
discussed in the Sunset Review Report.
On page 3, line 2, re-insert "limited liability company"
after the word "corporation,"
6)Arguments in support . The Pest Control Operators of
California write, "[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? Implementation of the
recommendations will allow the pest control industry to
operate in a more modern, clear regulatory environment that
allow both industry members and consumers to benefit in the
long term."
7)Double referred . This bill is double-referred to the Assembly
Environmental Safety and Toxic Materials Committee, where it
will be referred if this bill is passed by this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
Brand Realty, Inc.
Cardinal Professional Products
Newport Exterminating
Pest Control Operators of California
Western Exterminator Company
Opposition
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None on file.
Analysis Prepared by : Sarah Huchel / B.,P. & C.P. / (916)
319-3301