BILL ANALYSIS                                                                                                                                                                                                    Ó






                             SENATE COMMITTEE ON HEALTH
                          Senator Ed Hernandez, O.D., Chair

          BILL NO:       SB 488
          AUTHOR:        Hueso
          AMENDED:       April 22, 2013
          HEARING DATE:  May 1, 2013
          CONSULTANT:    Moreno

           SUBJECT :  Substandard housing: regulations.
           
          SUMMARY  :  Permits the determination of an infestation of  
          insects, vermin or rodents and the lack of adequate garbage  
          storage and removal facilities to be made by an environmental  
          agency, housing department, or building department, as  
          specified, if an agreement does not exist with an agency that  
          has a local health officer (LHO) to make that determination.
          
          Existing law:
          1.Deems a building or portion thereof including any dwelling  
            unit, guestroom or suite of rooms, or the premises on which  
            these are located, to be a substandard building if specified  
            conditions exist to an extent that endangers the life, limb,  
            health, property, safety, or welfare of the public or the  
            occupants.  

          2.Specifies that the "inadequate sanitation" conditions include,  
            but are not limited to: 
             a.   Lack of, or improper water closet, lavatory, or bathtub  
               or shower in a dwelling unit; 
             b.   Lack of, or improper water closets, lavatories, and  
               bathtubs or showers per number of guests in a hotel;
             c.   Lack of, or improper kitchen sink;
             d.   Lack of hot and cold running water to plumbing fixtures  
               in a hotel;
             e.   Lack of hot and cold running water to plumbing fixtures  
               in a dwelling unit;
             f.   Lack of adequate heating;
             g.   Lack of, or improper operation of required ventilating  
               equipment;
             h.   Lack of minimum amounts of natural light and ventilation  
               required by this code;
             i.   Room and space dimensions less than required by this  
               code;
             j.   Lack of required electrical lighting;
             aa.  Dampness of habitable rooms;
                                                         Continued---



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             bb.  Infestation of insects, vermin, or rodents, as  
               determined by the LHO;
             cc.  General dilapidation or improper maintenance;
             dd.  Lack of connection to required sewage disposal system;  
               and,
             ee.  Lack of adequate garbage and rubbish storage and removal  
               facilities, as determined by the LHO.
          
          This bill:  Permits the determination of an infestation of  
          insects, vermin or rodents and the lack of adequate garbage  
          storage and removal facilities to be made by an environmental  
          agency, housing department, or building department, as  
          specified, if an agreement does not exist with an agency that  
          has a LHO to make that determination..

           FISCAL EFFECT  :  This bill has been keyed non-fiscal.

           COMMENTS  :  
           1.Author's statement.  The California Health and Safety Code  
            currently deems infestations of pests and vermin substandard  
            housing. However, state law limits the authority to cite for  
            infestations to the LHO. Many jurisdictions across the state  
            currently do not have an agreement for the services of the  
            LHO. As a result, there is no government agency with the legal  
            authority to enforce this law in those jurisdictions. This  
            leaves tenants in housing with pests and vermin problems and  
            unresponsive landlords with no recourse to ensure their  
            housing is safe and habitable. SB 488 will give local code  
            enforcement officers the legal authority to identify and abate  
            pests and vermin when a health officer is not available. This  
            will allow all tenants in California to have state law  
            enforced in their community and help resolve unhealthy housing  
            for families in communities across the state.
          
          2.Background.  According to the CDC, rats and mice spread more  
            than 35 diseases which can be spread to humans directly,  
            through handling of rodents, through contact with rodent  
            feces, urine, or saliva, or through rodent bites. Diseases  
            carried by rodents can also be spread to humans indirectly,  
            through ticks, mites or fleas that have fed on an infected  
            rodent.  Some insects, such as bedbugs, cause a variety of  
            negative physical health, mental health and economic  
            consequences. Many people have mild to severe allergic  
            reaction to the bites with effects ranging from no reaction to  
            a small bite mark to, in rare cases, anaphylaxis (severe,  
            whole-body reaction).  The CDC considers bed bugs a pest of  




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            significant public health importance. Bed bugs fit into a  
            category of blood-sucking external parasites similar to head  
            lice, which feed on the blood of humans but are not believed  
            to transmit disease. Other such parasites, such as body lice,  
            are known to transmit several serious diseases.  Finally, a  
            number of studies have linked cockroach and rodent allergens  
            in homes to an increase in the prevalence and severity of  
            asthma symptoms, with cockroach allergens estimated to be the  
            primary contributor to childhood asthma in inner-city homes  
            nationwide.

          3.California Healthy Housing Coalition survey.  A 2011  
            California Healthy Housing Coalition informal survey of  
            California code enforcement officers conducted through the  
            California Association of Code Enforcement Officers found that  
            40 percent experienced barriers to enforcing pest infestations  
            for their community.  The types of barriers identified in  
            rural, urban, and suburban jurisdictions fall into the  
            following categories:
             
             a.   Efficiency- Extra coordination and time is needed for  
               additional inspection by the county, delaying resolution.
             b.   Responsiveness - For a variety of reasons, counties can  
               be slow to do inspections, delaying resolution.
             c.   Fiscal - Cities unable to pay for county services,  
               resulting in an inability to resolve problems.
             d.   Legal - Cities without county services cannot cite or  
               mandate compliance, resulting in a reliance on voluntary  
               compliance to resolve problems.

          1.Support.  Regional Asthma Management and Prevention (RAMP)  
            writes that pest infestations are a common problem in  
            California's housing, particularly rental housing, and that a  
            wide range of healthy homes programs, legal aid organizations,  
            and public health groups that conduct home visits list pests  
            as one of the most common problems they encounter that make a  
            home unhealthy. RAMP cites as an example a healthy homes  
            program finding in the City of San Diego of pest infestations  
            in more than 90 percent of the 400 plus housing units they  
            inspected.  The California Pan-Ethnic Health Network writes  
            that infestations of pests and vermin are considered to be  
            substandard housing conditions, and that these pests and  
            vermin are far too common problems for tenants in California  
            and have significant impacts on residents including asthma  
            triggers and skin conditions.  The YMCA Childcare Resource  




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            Service states that many jurisdictions across the state  
            currently do not have an agreement for the services of the LHO  
            and as a result, tenants are left in housing with pests and  
            vermin problems and unresponsive landlords with no recourse to  
            ensure their housing is safe and habitable.  The California  
            Association of Code Enforcement Officers writes that this is a  
            good sense bill that will bring to bear a broader array of  
            tools to assure the habitability of housing.  
               
          2.Opposition.  The Apartment Association California Southern  
            Cities, the East Bay Rental Housing Association, and the  
            NORCAL Rental Property Association pest and garbage  
            determinations are the sole responsibility of LHOs and those  
            substandard housing determinations should continue to be made  
            by professionals with the same or equivalent training.  The  
            opponents seek an amendment that would ensure that any code  
            enforcement official making determinations normally made by  
            LHOs have the same or equivalent training and education with  
            respect to substandard housing determinations as LHOs in their  
            jurisdiction.

          3.Policy comment.  This bill, in effect, changes existing law so  
            that the same entity/authority who inspects for the other 12  
            conditions that can lead to inadequate sanitation listed under  
            Health and Safety Code Section 17920.3 (a) could also make the  
            determination for a rodent/insect infestation or the  
            inadequate control of residents' garbage.  If this is the  
            author's intent, he author may wish to amend existing law to  
            delete the reference to LHOs, and be silent on the inspecting  
            authority (which is the case for the other 12 conditions under  
            this law).

           SUPPORT AND OPPOSITION  :
          Support:  California Association of Code Enforcement Officers  
                    (sponsor)
                    California Pan-Ethnic Health Network (sponsor)
                    Regional Asthma Management and Prevention (sponsor)
                    Healthy Homes Collaborative
                    San Diego Regional Asthma Coalition
                    Western Center on Law & Poverty
                    YMCA Childcare Resource Service

          Oppose:   Apartment Association California Southern Cities
                    East Bay Rental Housing Association
                    NORCAL Rental Property Association





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