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Board approves fee and regulation packages after public comment; WDO activity fee increase draws most opposition
Summary
The Structural Pest Control Board on March 12 approved a package of regulatory fee increases and related rulemaking steps after reviewing public comments and a board staff fund analysis.
The Structural Pest Control Board on March 12 considered public comments and approved a series of regulatory actions that raise several licensing, examination and wood‑destroying organism (WDO) activity fees to address a board‑level budget shortfall.
Key outcome: The board voted to reject public comments seeking reduced WDO fee increases and to proceed with the advertised regulatory package; the motion passed by roll call 5–1 (Vice President Finley recorded the lone no vote). The board later ratified non‑substantive corrections to the regulatory text (6–0) and also approved a related examination rulemaking step (6–0) that incorporates an EPA standard by reference.
Why it matters: Board staff presented a fund‑condition analysis showing a structural deficit in the main board fund. The budget office and staff told the board that fines and enforcement revenues are unpredictable and cannot substitute for stable fee income; raising fees — including WDO reporting fees — was presented as necessary to improve reserves and avoid service reductions.
Public comment and staff response: The board received 11 public comments during the rulemaking comment period, most opposing the increase in WDO activity reporting fees and urging enforcement against unlicensed practice instead of fee increases. Staff recommended rejecting the comments, noting statutory constraints on fee amounts (many licensing fees are at statutory maximums) and that the board must first seek legislative changes to shift statutory maximums more broadly.
Board action and votes (at a glance): - Motion to reject comments and proceed with the fee rulemaking package (staff recommendation): approved 5–1 (Yes: Anderson, Bridal, Mendenhall, Paxton, Tingan; No: Vice President Finley). - Ratification of corrected regulatory text for Title 16 sections 19.36, 19.36.2, 19.48 and 19.97: approved 6–0. - Motion to re‑rescind prior text approval and approve examination text including referenced EPA standard (initiate rulemaking): approved 6–0.
Ending: Staff will file the rulemaking package with Office of Administrative Law, make permitted non‑substantive changes and proceed through the rulemaking process. The board directed staff to pursue a broader legislative fee study and potential statutory amendments for future flexibility.
