BILL ANALYSIS �
SB 1244
Page 1
Date of Hearing: June 17, 2014
ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS
Luis Alejo, Chair
SB 1244 (Lieu) - As Amended: June 11, 2014
SENATE VOTE : 36-0
SUBJECT : Structural Pest Control Board.
SUMMARY : 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. Specifically, this bill :
1) Extends the sunset on the operation of the SPCB and the
authority to appoint a registrar as an executive officer of
the SPCB until January 1, 2019.
2) Adds a definition for "pesticide," which includes any spray
adjuvant and any substance, or mixture of substances intended
to be used for preventing, destroying, repelling, or
mitigating any pest or organism.
3) Replaces references to substances, including, "poisonous or
other dangerous chemicals used in pest control," with the
term "pesticide."
4)Deletes sulfur dioxide and propylene oxide from the list of
lethal fumigants.
5) Requires notice of each fumigation to be performed to be
given to the agricultural commissioner in the county in which
the job is to be performed, not just if requested.
6) Deletes the provisions regarding the now impermissible
practice of fumigating a single apartment within a larger
complex.
7) Allows the text of fumigation warning signs to be printed in
legible ink of any color, rather than just red on white.
8) Authorizes the state regulatory authority to waive the use of
chloropicrin due to its possible effect on sensitive items.
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Requires, if waived, use to be documented in advance and to
include alternative safety precautions.
9)Adds the requirement of a "3-Day Right to Cancel" in home
solicitation contracts.
10)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.
11)Eliminates the use of written, paper, and hardcopy document
references throughout the structural pest control law.
12)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.
13)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.
14)Requires that enforcement actions be commenced by the country
agricultural commissioner within two years of the occurrence.
Requires that once the commissioner submits a completed
investigation to the SPCB, the action be commenced within one
year of the submission.
15)Allows the SPCB to grant extensions to companies required to
bring noncompliant properties into compliance.
16)Defines "original applicator's license" as a license issued
to someone that did not have a license during the preceding
June 30, and defines a renewal applicator's license as a
license issued to someone that did.
17)Allows individuals licensed as applicators to request an
earlier expiration date and have their fees prorated.
EXISTING LAW :
1)Provides, under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), for federal regulation of pesticide
distribution, sale, and use.
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2)Authorizes the State's pesticide regulatory program and
mandates Department of Pesticide Regulation (DPR) to, among
other things, provide for the proper, safe, and efficient use
of pesticides essential for the production of food and fiber
and for the protection of public health and safety, and
protect the environment from environmentally harmful
pesticides by prohibiting, regulating, or ensuring proper
stewardship of those pesticides. (Food and Agriculture Code
�11401 et seq.)
3)Authorizes the licensing and regulation of structural pest
control applicators, field representatives and operators, and
structural pest control companies by the SPCB within the
Department of Consumer Affairs (DCA) and repeals the SPCB on
January 1, 2015. (Business and Professions Code �8500 et
seq.)
4)Authorizes the SPCB to appoint a registrar, who is the
executive officer, subject to the approval of the director of
DCA, and repeals this provision on January 1, 2015. (BPC �
8528)
FISCAL EFFECT : Unknown
COMMENTS :
Need for the bill : According to the author, "In 2011, the Board
President established an Act Review Committee which was charged
with reviewing the structural pest control law for revisions to
modernize and streamline processes while maintaining a focus on
consumer protection, as consumer protection is the highest
priority of the Board. Since that time, the Act Review
Committee held 18 public meetings throughout California and
solicited input from its industry stakeholders and interested
parties. The SPCB indicates it also solicited input and
received participation from the Fumigation Enforcement Committee
of the Department of Pesticide Regulation and the County
Agricultural Commissioners statewide. Ultimately, the Act
Review Committee submitted approximately 36 statutory
recommendations which are reflected in the amendments in this
bill."
Structural pest control : According to the SPCB, structural pest
control includes, not by way of limitation, the eradication
and/or prevention of structural pests such as cockroaches, ants
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and rodents or wood-destroying pests such as termites, wood
boring beetles, and carpenter ants. Wood-destroying infections
such as decay or dry rot are also conditions identified and
treated by structural pest control licensees. Structural pest
control licensees may use fumigation with poisonous or lethal
gases or they may use mechanical means such as microwaving,
heating and freezing technologies when servicing a property.
The profession also includes the performance of structural
repairs to structures that are infested or infected. Other
structures, including railroad cars, ships, docks, trucks,
airplanes, or the contents thereof are inspected and treated by
structural pest control licensees.
The Structural Pest Control Board (SPCB) : According to the
SPCB, the Board's highest priority is to protect and benefit the
public by regulating the pest control industry. The SPCB notes
that the execution of the SPCB's mission and vision is under the
leadership of a seven-member appointed board and the executive
officer who serves at the board's pleasure. The SPCB's vision
is to strive to be the national regulatory leader by effectively
regulating the structural pest control industry, and protecting
and informing the public. In addition to licensing of
individuals, the SPCB also regulates structural pest control
companies (sole proprietorships, partnerships, and corporations)
and their branches.
On October 23, 2009, the SCPB was transferred from the
Department of Consumer Affairs (DCA) to DPR in the California
Protection Agency. Effective July 1, 2013, under the Governor's
2011-2012 Reorganization Plan (GRP) No. 2 and AB 1317, SPCB
returned to DCA. AB 1317 (Frazier Chapter 352, Statutes of
2013) enacts the statutory changes necessary to reflect the
changes in law made by the GRP No. 2, and would also make
additional conforming name changes to properly reflect the
assignment and reorganization of other functions of state
government.
This bill is the SPCB's technical bill that extends the sunset
of the provisions establishing the 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.
Double referral : This bill was double referred to the Assembly
Business and Professions Committee, where is passed out on an
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11-0 vote on June 10, 2014.
REGISTERED SUPPORT / OPPOSITION :
Support:
Brand Realty, Inc.
California Association of Realtors
Cardinal Professional Products
Newport Exterminating
Pest Control Operators of California
Western Exterminator Company
Opposition:
None received.
Analysis Prepared by : Shannon McKinney / E.S. & T.M. / (916)
319-3965