BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 488
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          Date of Hearing:   June 19, 2013

               ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT
                                   Ed Chau, Chair
                      SB 488 (Hueso) - As Amended:  May 7, 2013

           SENATE VOTE  :   34-0
           
          SUBJECT  :   Substandard housing: regulations.

           SUMMARY  :   Authorizes local code enforcement officers to  
          determine an infestation of insects, vermin, or rodents and lack  
          of adequate garbage and rubbish storage and removal facilities  
          for purposes of deeming a building to be substandard.    
          Specifically,  this bill  :   

          1)Authorizes code enforcement officers to determine an  
            infestation of insects, vermin, or rodents, upon successful  
            completion of a course of study in the appropriate subject  
            matter as determined by the local jurisdiction, if an  
            agreement does not exist with an agency that has a health  
            officer to make such determinations. 

          2)Authorizes code enforcement officers to determine a lack of  
            adequate garbage and rubbish storage and removal facilities if  
            an agreement does not exist with an agency that has a health  
            officer to make such determinations.

          3)Makes various findings and declarations related to exposure to  
            pests and the resulting health impacts.

           EXISTING LAW  

          1)Lists various conditions that, if they exist in a building  
            containing dwelling units to an extent that there is a danger  
            to the life, limb, health, property, safety, or welfare of the  
            public or the occupants of the building, require that the  
            building be declared substandard (Health and Safety Code  
            Section 17920.3).

          2)Includes inadequate sanitation on the list of conditions that  
            can mean a building is substandard, and specifies that  
            inadequate sanitation includes, but is not limited to, the  
            following:









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             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 code;

             i)   Room and space dimensions less than required by code;

             j)   Lack of required electrical lighting;

             aa)  Dampness of habitable rooms;

             bb)  Infestation of insects, vermin, or rodents as determined  
               by the health officer;

             cc)  General dilapidation or improper maintenance;

             dd)  Lack of connection to required sewage disposal system;

             ee)  Lack of adequate garbage and rubbish storage and removal  
               facilities as determined by the health officer.

            (Civil Code Section 17920.3)

           FISCAL EFFECT  :   None

           COMMENTS  :   

          Current law lists various conditions that, if present in a  








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          residential building to an extent that there is a danger to  
          public health and safety, require that the building be declared  
          substandard. Inadequate sanitation is one of those conditions,  
          which the law specifies includes, but is not limited to, 15  
          different conditions. Two of those conditions are infestation of  
          insects, vermin, or rodents and a lack of adequate garbage  
          facilities. While each jurisdiction's code enforcement  
          department is typically responsible for inspecting buildings and  
          determining whether a building is substandard, in the case of  
          infestations and a lack of garbage facilities the law specifies  
          that those determinations can only be made by a health officer. 

          A health officer is typically a county position; very few cities  
          have a health officer. Many cities across the state do not have  
          an agreement for the services of a health officer, so there is  
          no way to legally determine an infestation or inadequate garbage  
          facilities in these jurisdictions. This leaves tenants living in  
          infested housing with little recourse to ensure their housing is  
          safe and habitable. 

          A 2011, the California Healthy Housing Coalition conducted an  
          informal survey of code enforcement officers through the  
          California Association of Code Enforcement Officers and found  
          that 40 percent had experienced barriers to enforcing pest  
          infestations in their community.  The types of barriers  
          generally fell into the following categories:
             
             1.   Efficiency-Extra coordination and time is needed for  
               additional inspection by the county, delaying resolution.

             2.   Responsiveness-For a variety of reasons, counties can be  
               slow to do inspections, delaying resolution.

             3.   Fiscal-Cities unable to pay for county services,  
               resulting in an inability to resolve problems.

             4.   Legal-Cities without county services cannot cite or  
               mandate compliance, resulting in a reliance on voluntary  
               compliance to resolve problems.

          SB 488 allows local code enforcement officers to determine  
          infestations and inadequate garbage facilities if there is no  
          agreement in place for a health officer to perform this work.  
          The bill requires that in order to determine infestations, code  
          enforcement officers must first complete a course of study in  








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          the appropriate subject matter as determined by the local  
          jurisdiction. 
          
          According to the bill's sponsors, pest infestations are a common  
          problem in California's housing, particularly in rental housing,  
          and can have significant impacts on residents' health, including  
          triggering asthma and skin conditions. They state 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. One of the sponsors, the Regional Asthma Management  
          and Prevention Initiative (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. SB 488 will ensure that infestations can  
          be addressed throughout the state rather than just in  
          jurisdictions that have a health officer or have the resources  
          to contract with a health officer. 

           Proposed amendment  : On page 2, after line 24, insert language  
          into the findings and declarations stating the Legislature's  
          intent that only one entity at a time, either the health officer  
          or local code enforcement, may enforce regulations pertaining to  
          infestations and adequate garbage facilities within a  
          jurisdiction.  
                


           REGISTERED SUPPORT / OPPOSITION  :

           Support 
           California Association of Code Enforcement Officers (co-sponsor)
          California Pan-Ethnic Health Network (co-sponsor)
          Regional Asthma Management and Prevention Initiative  
          (co-sponsor)
          California Narcotic Officer's Association
          California Police Chiefs Association
          Healthy Homes Collaborative
          Pacoima Beautiful
          San Diego Regional Asthma Coalition
          San Francisco Asthma Task Force
          YMCA Childcare Resources Services
           
            Opposition 
           None on file








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           Analysis Prepared by  :    Anya Lawler / H. & C.D. / (916)  
          319-2085