Phillip Chen

Existing law provides for the licensure and regulation of structural pest control by the Structural Pest Control Board in the Department of Consumer Affairs. A violation of these provisions is a misdemeanor. Existing law designates each county agricultural commissioner as the lead agency for inspections and routine investigations of structural pest control operators and registered companies. Existing law prescribes 3 classifications of structural pest control licenses, which are designated as Branch 1, Branch 2, and Branch 3, based on the types of pest control work permitted. Branch 1 relates to the control of household and wood-destroying pests or organisms by fumigation with poisonous or lethal gases. Branch 2 relates to the control of household pests, excluding fumigation with poisonous or lethal gases. Branch 3 relates to the control of wood-destroying pests or organisms by the use of insecticides, or structural repairs and corrections, excluding fumigation with poisonous or lethal gases.

Existing law prohibits an unlicensed individual in the employ of a registered company from applying pesticides included in Branch 2 or Branch 3, but authorizes an individual, for 90 days from the date of employment, to apply pesticides for the purposes of training under the direct supervision of a licensed field representative or operator employed by the company.

This bill, on and after January 1, 2028, would also authorize an unlicensed individual employed by a registered company who has applied for a structural pest control applicator examination in Branch 2 or Branch 3 to apply pesticides included in Branch 2 or Branch 3 under the supervision, as defined, of a licensed operator or field representative for up to 60 days if specified conditions are met, including that the unlicensed individual has completed a minimum of 80 hours of training under the direct supervision, as defined, of a licensed operator or field representative. The bill would require a supervising licensee to maintain certain documentation, including documentation demonstrating completion of required training.

By expanding the scope of a crime and to the extent the bill would impose additional requirements on county agricultural commissioners, 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 with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.