Bill Text: CA AB1736 | 2009-2010 | Regular Session | Chaptered
Bill Title: Department of Pesticide Regulation: Structural Pest
Spectrum: Bipartisan Bill
Status: (Passed) 2010-09-24 - Chaptered by Secretary of State - Chapter 238, Statutes of 2010. [AB1736 Detail]
Download: California-2009-AB1736-Chaptered.html
BILL NUMBER: AB 1736 CHAPTERED
BILL TEXT
CHAPTER 238
FILED WITH SECRETARY OF STATE SEPTEMBER 24, 2010
APPROVED BY GOVERNOR SEPTEMBER 23, 2010
PASSED THE SENATE AUGUST 23, 2010
PASSED THE ASSEMBLY AUGUST 25, 2010
AMENDED IN SENATE AUGUST 18, 2010
AMENDED IN ASSEMBLY APRIL 7, 2010
AMENDED IN ASSEMBLY MARCH 4, 2010
INTRODUCED BY Assembly Members Ma and Tom Berryhill
FEBRUARY 4, 2010
An act to amend Sections 8522, 8525, 8536, 8698, 8698.1, and
8698.6 of the Business and Professions Code, relating to Department
of Pesticide Regulation.
LEGISLATIVE COUNSEL'S DIGEST
AB 1736, Ma. Department of Pesticide Regulation: Structural Pest
Control Board: Structural Fumigation Enforcement Program.
(1) Existing law provides for the licensure and regulation of
structural pest control operators by the Structural Pest Control
Board within the Department of Pesticide Regulation.
Under existing law, the board consists of 7 members, with
appointments by, among others, the Governor. Under existing law, each
board member holds office until the appointment and qualification of
his or her successor or until one year after the expiration of the
term for which he or she was appointed, whichever first occurs.
Existing law provides that each appointment is for a 4-year term
expiring June 1 of the 4th year following the year in which the
previous term expires, or with respect to licensee members, the
4-year term expires on January 15th.
This bill would specify that the Governor appoints the 3 licensed
members. Under the bill, each member would hold office until the
appointment of his or her successor, not to exceed one year from the
expiration of the term for which he or she was appointed, and each
appointment would be for a 4-year term expiring after either the date
of the appointment or the date a previous term expired.
With respect to the Governor's appointments, the bill would
require the Governor to appoint members based on nominations received
by the Director of Pesticide Regulation soliciting nominations from
specified interested parties. The bill would require the director to
solicit these nominations by mailing interested parties a notice as
well as by posting a notice on the department's Internet Web site.
The bill would require these nominations to be in writing and would
require them to contain certain information and to be mailed to the
director and be made available to the Governor and the director.
Existing law prohibits a manufacturer, his or her agents or
employees, or any person who is a consultant of or connected with any
manufacturer, from being charged with the enforcement or execution
of any of the structural pest control operator provisions.
This bill would prohibit such a manufacturer from being appointed
to the board.
Existing law requires the board to consult with the department
when developing or adopting regulations that may affect the
department or the county agricultural commissioner's specified
responsibilities.
This bill would delete that provision.
(2) Until January 1, 2011, existing law authorizes the Los Angeles
County Agricultural Commissioner, the Orange County Agricultural
Commissioner, the Santa Clara County Agricultural Commissioner, and
the San Diego County Agricultural Commissioner to contract with the
Director of the Department of Pesticide Regulation to perform
increased structural fumigation, inspection, and enforcement
activities in Los Angeles County, Orange County, Santa Clara County,
and San Diego County. Existing law requires any person who performs a
structural fumigation in any of the contracting counties to pay a
specified fee to the county agricultural commissioner.
This bill would instead authorize the Los Angeles County
Agricultural Commissioner, the Orange County Agricultural
Commissioner, the Santa Clara County Agricultural Commissioner, and
the San Diego County Agricultural Commissioner to perform those
services, and would require the director to provide oversight. The
bill would also extend the operation of these provisions to January
1, 2014.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 8522 of the Business and Professions Code is
amended to read:
8522. (a) Members of the board shall be appointed for a term of
four years, subject to removal by the appointing power at his or her
pleasure.
(b) Vacancies shall be filled by the appointing power for the
unexpired term.
(c) Each member shall hold office until the appointment of his or
her successor not to exceed one year from the expiration of the term
for which he or she was appointed. No person shall serve as a member
of the board for more than two consecutive terms.
(d) Each appointment shall be for a four-year term expiring four
years after either the date of the appointment or the date a previous
term expired.
(e) From the nominations received pursuant to subdivision (f), the
Governor shall appoint two of the public members and the three
licensed members qualified as provided in Section 8521. The Senate
Committee on Rules and the Speaker of the Assembly shall each appoint
a public member, and their initial appointment shall be made to
fill, respectively, the first and second public member vacancies that
occur on or after January 1, 1983.
(f) (1) At least 60 days prior to the appointment by the Governor
of a public member or licensed member to the board, the director
shall solicit nominations to the board from interested parties by
mailing them a notice and by posting a notice on the department's
Internet Web site. Interested parties include, but are not limited
to, members or representatives from the structural pest control
industry and organizations representing consumer, environmental, and
real estate interests.
(2) All nominations shall be made in writing and shall include (A)
the name and address of each nominee, (B) if an operator, his or her
license number, and (C) the name, address, and affiliation, if any,
of the nominator.
(3) The nominations shall be mailed to the director and shall be
made available to the Governor and the director.
SEC. 2. Section 8525 of the Business and Professions Code is
amended to read:
8525. The board, subject to the approval of the director, may, in
accordance with Chapter 3.5 (commencing with Section 11340) of Part
1 of Division 3 of Title 2 of the Government Code, adopt, amend,
repeal, and enforce reasonably necessary rules and regulations
relating to the practice of pest control and its various branches as
established by Section 8560 and the administration of this chapter.
SEC. 3. Section 8536 of the Business and Professions Code is
amended to read:
8536. No manufacturer, his or her agents or employees, nor any
person who is a consultant of or connected with any manufacturer,
shall be appointed to the board.
SEC. 4. Section 8698 of the Business and Professions Code is
amended to read:
8698. The Director of the Department of Pesticide Regulation
shall provide oversight for the purposes of carrying out Section
8698.1. The Los Angeles County Agricultural Commissioner, the Orange
County Agricultural Commissioner, the Santa Clara County Agricultural
Commissioner, and the San Diego County Agricultural Commissioner may
perform increased structural fumigation, inspection, and enforcement
activities, to be funded by the five dollar ($5) fee collected
pursuant to Section 8698.1.
SEC. 5. Section 8698.1 of the Business and Professions Code is
amended to read:
8698.1. (a) Any person who performs a structural fumigation in
Los Angeles County, Orange County, Santa Clara County, or San Diego
County shall pay to the county agricultural commissioner a fee of
five dollars ($5) for each treatment conducted at a specific building
or structure.
(b) The fees shall be submitted by the 10th day of the month
following the month in which the treatment was performed. The fees
shall be accompanied by a copy of a monthly pesticide use report
showing the addresses, including the department number if applicable,
of all structural fumigations. The report shall be in a form
required by the director, shall identify the name and address of the
person or company performing the fumigation, and shall include any
other information requested by the director.
SEC. 6. Section 8698.6 of the Business and Professions Code is
amended to read:
8698.6. This chapter shall remain in effect only until January 1,
2014, and as of that date is repealed, unless a later enacted
statute, which is chaptered before January 1, 2014, deletes or
extends that date.
