BILL ANALYSIS                                                                                                                                                                                                    Ó



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          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 








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            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 








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          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 








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          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 









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