BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 488|
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THIRD READING
Bill No: SB 488
Author: Hueso (D)
Amended: 5/7/13
Vote: 21
SENATE HEALTH COMMITTEE : 9-0, 5/1/13
AYES: Hernandez, Anderson, Beall, De León, DeSaulnier, Monning,
Nielsen, Pavley, Wolk
SUBJECT : Substandard housing: regulations
SOURCE : California Association of Code Enforcement Officers
California Pan-Ethnic Health Network
Regional Asthma Management and Prevention
DIGEST : This bill permits the determination of pest
infestations and inadequate garbage storage and removal
facilities to be made by a local code enforcement officer, as
defined, if an agreement for the services of a local health
officer (LHO) does not exist.
ANALYSIS : 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.
2. Specifies what the "inadequate sanitation" conditions
include, but are not limited to.
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3. Provides that the housing or building department, as
specified, is required to enforce, within its jurisdiction,
all of the State Housing Law.
4. Provides that the health department of every city, county, or
city and county, or any environmental agency or local
building department, enforce regulations related to lead
hazards, as specified.
5. Limits the enforcement authority for pest infestations and
inadequate garbage storage and removal to county health
officers.
This bill:
1. Makes various findings and declarations related to exposure
to pests and the resulting health impacts.
2. Authorizes a local code enforcement officer to make the
determination of substandard housing conditions in cities
lacking the services of an LHO.
3. Permits a code enforcement officer, as defined, upon
successful completion of a course of study in the appropriate
subject matter as determined by the local jurisdiction, to
determine an infestation of insects, vermin, or rodents, if
an agreement does not exist with an agency that has an LHO.
4. Specifies that a local housing department is authorized to
enforce regulations related to lead hazards.
Background
According to the Centers for Disease Control and Prevent (CDC),
rats and mice spread more than 35 diseases which can be spread
to humans directly. 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. The CDC considers bed bugs a pest of
significant public health importance. 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
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to childhood asthma in inner-city homes nationwide.
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%
experienced barriers to enforcing pest infestations for their
community.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 5/1/13)
California Association of Code Enforcement Officers (co-source)
California Pan-Ethnic Health Network (co-source)
Regional Asthma Management and Prevention (co-source)
Healthy Homes Collaborative
San Diego Regional Asthma Coalition
Western Center on Law and Poverty
YMCA Childcare Resource Service
California Narcotic Officers Association
California Police Chiefs Association
ARGUMENTS IN SUPPORT : According to the author's office, 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. The author's office states this leaves
tenants in housing with pests and vermin problems and
unresponsive landlords with no recourse to ensure their housing
is safe and habitable. The author's office claims this bill
will give local code enforcement officers the legal authority to
identify and abate pests and vermin when a health officer is not
available.
Regional Asthma Management and Prevention 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. The
California Pan-Ethnic Health Network writes that infestations of
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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
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.
JL:k 5/8/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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