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.