Bill Text: CA AB1736 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Amended.html

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BILL NUMBER: AB 1736	AMENDED
	BILL TEXT

	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  Section   Sections 8698,
8698.1, and  8698.6 of the Business and Professions Code,
relating to structural fumigation.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1736, as amended, Ma. Structural Fumigation Enforcement
Program.
   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  authorizes the director
to adopt regulations to carry out these provisions and to levy a
civil penalty against a person violating these provisions 
 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 require 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.  By imposing new duties on those county commi
  ssioners, the bill would impose a state-mandated local
program.  
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.  
   This bill would provide that no reimbursement is required by this
act for a specified reason. 
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program:  no   yes  .


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 8698 of the   Business
and Professions Code  is amended to read: 
   8698.  The Director of the Department of Pesticide Regulation
shall  be designated by the board as its agent  
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,  or   and  the San Diego
County Agricultural Commissioner  may each contract with the
director to   shall  perform increased structural
fumigation, inspection, and enforcement activities  . These
activities shall be   ,  funded by the moneys
collected pursuant to this chapter.
   SEC. 2.    Section 8698.1 of the   Business
and Professions Code   is amended to read: 
   8698.1.  (a)  If the county has contracted pursuant to
Section 8698, any   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.
   SECTION 1.   SEC. 3.   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.
   SEC. 4.    No reimbursement is required by this act
pursuant to Section 6 of Article XIII B of the California
Constitution because a local agency or school district has the
authority to levy service charges, fees, or assessments sufficient to
pay for the program or level of service mandated by this act, within
the meaning of Section 17556 of the Government Code.