BILL ANALYSIS Ó SB 332 Page 1 SENATE THIRD READING SB 332 (Padilla) As Amended June 23, 2011 Majority vote SENATE VOTE :33-2 JUDICIARY 8-2 GOVERNMENTAL ORGANIZATION 15-0 ----------------------------------------------------------------- |Ayes:|Feuer, Atkins, Dickinson, |Ayes:|Hall, Nestande, Atkins, | | | | |Block, Cook, Galgiani, | | |Beth Gaines, Huber, | |Garrick, Gatto, Hill, | | |Huffman, Monning, | |Jeffries, Ma, Perea, V. | | |Wieckowski | |Manuel Pérez, Silva, | | | | |Torres | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Wagner, Jones | | | | | | | | ----------------------------------------------------------------- SUMMARY : Codifies a landlord's right to prohibit smoking on their properties. Specifically, this bill : 1)Authorizes a landlord to prohibit the smoking of cigarettes or other tobacco products on the property or in any building or portion of the building. 2)Requires all residential lease or rental agreements entered into on or after January 1, 2012, to include detailed provisions that specify the areas on the property where smoking is prohibited, if the lessee has not previously occupied the dwelling unit. 3)Specifies that for all leases signed before January 1, 2012, a new smoking prohibition impacting any portion of the property constitutes a change in terms of the rental or lease agreement. This change would require the landlord to provide all impacted tenants adequate written notice. 4)States that a landlord who exercises the authority provided above to prohibit smoking shall be subject to state and local notice requirements governing changes to the terms of a rental SB 332 Page 2 agreement for tenants with leases or rental agreements that are in existence at the time that the policy limiting or prohibiting smoking is adopted. 5)Provides that the provisions of this bill shall not be construed to preempt any local ordinance in effect on or before January 1, 2012. 6)States that this bill does not require statutory authority to establish or enforce any other lawful term or condition of the tenancy. 7)Includes findings and declarations regarding the dangers of second hand smoke. EXISTING LAW : 1)Regulates the terms and conditions of residential tenancies, and generally requires landlords to keep the rental units in a condition fit for occupancy. 2)Creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. 3)Prohibits any person from smoking in any public workplace or restaurant, inside a public building or within 20 feet of any air intake door or window of any government building. FISCAL EFFECT : This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS : Background : Since 1994, California has banned smoking in most workplaces. Current law prohibits public employees and members of the public from smoking inside a public building or within 20 feet of any door, window, or air intake of any government building within the state. In addition, it is an infraction for a person to smoke within 25 feet of a playground or for a person to smoke in presence of a minor in a vehicle. In 2006 the State of California Air Resources Board identified second hand smoke as a Toxic Air Contaminant, meaning that SB 332 Page 3 secondhand smoke is now identified as an airborne toxic substance that may cause death or serious illness. The United States Environmental Protection Agency has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen. According the Centers for Disease control and Prevention (CDC), secondhand smoke is responsible for an estimated 49,400 deaths among nonsmokers each year in the United States, which includes 3,400 lung cancer deaths and 46,000 deaths due to heart disease. In addition, studies have shown that secondhand smoke can be especially harmful to children because children breathe in more air than adults. This means that their bodies are exposed to more harmful chemicals from secondhand smoke. According to a 1997 study by the California Environmental Protection Agency, effects on children from secondhand smoke causes an estimated 120 child deaths per year from sudden infant death syndrome. Effect of secondhand smoke in apartment buildings : More than 30% of California's housing is multi-unit residences such as apartments and condos. In this type of housing, scientific studies have shown that secondhand smoke can travel into and out of open windows and doors, shared ventilation systems and walls, ceiling crawl spaces, etc. While more Californians are protected from secondhand smoke in their home, many living in these types of buildings are still exposed to secondhand smoke from their neighbor's smoking. According to the author : Existing law requires the owner or landlord of rental housing to maintain the rented area in a habitable condition, including keeping the building and grounds at the time of the commencement of the lease or rental agreement, and all areas under control of the landlord, clean, sanitary, and free from all accumulations of debris, filth, rubbish, garbage, rodents, and vermin. A landlord may include terms in a rental agreement pertaining to pets, noise, and other house rules, in order to comply with these provisions. The responsibilities placed on owners of rental housing help promote the health and safety of the tenants living on the property. Landlords can already ban smoking on their property : Currently, landlords can ban smoking on their residential properties as long as the rules banning smoking are included in the rental agreement. This bill simply codifies this right in law and SB 332 Page 4 ensures that tenants are given notice of the prohibition in the rental agreement. A ban on smoking is similar to other restrictions that landlords place on tenants including the imposition of quiet hours, guest restrictions, pet restrictions, etc. While landlords can already ban smoking on their property, the lack of a statewide law clarifying that right has created confusion for landlords seeking to ban smoking on their properties. The bill requires all notices to be in writing and delivered to the tenant or posted on the apartment door. Beyond that, the bill treats smoking bans like all other lease modifications and simply permits the already applicable requirements to apply. Purpose of the bill : The bill would, on a statewide level, codify that a landlord may prohibit smoking in a building, a portion thereof, or the premises on which it is located. Not only would the bill encourage a smoking ban on their property but it would make it easier for non-smoking tenants to protect themselves and their families. Arguments in support : The California Apartment Association states that smoking is a major source of conflict between smoking and non-smoking tenants. Smokers maintain that smoking is a right that should not be comprised. With the absence of any state law saying otherwise, landlords are stuck in the middle of the debate. This bill will bring a measure of certainty to this debate. Similarly, the California Medical Association states that, "CMA has long called for smoking prohibitions in public places to protect individuals from the detrimental health effects of secondhand smoke. In many multi-dwelling units such as apartments, condos, and duplexes, secondhand smoke can travel through shared ventilation systems or from one private area to another, such as balconies, posing a health risk for those who do not smoke." Prior Legislation : SB 1598 (Padilla) of 2008, would have similarly codified a landlord's ability to prohibit smoking. SB 1598 (Padilla) was held in the Assembly Judiciary Committee. Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531 SB 332 Page 5 FN: 0001574