BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1167| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: SB 1167 Author: Hueso (D) Amended: 3/26/14 Vote: 21 SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/1/14 AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso, Lara, Liu, Pavley, Roth, Wyland SUBJECT : Vector infestations SOURCE : California Association of Code Enforcement Officers Physicians for Local Responsibility, Los Angeles Regional Asthma Management and Prevention DIGEST : This bill requires property owners to abate substandard building conditions causing vector infestations, in addition to destroying the vectors. ANALYSIS : The State Housing Law contains a long list of conditions relating to inadequate sanitation, structural hazards, faulty weather protection, and unsafe wiring, plumbing, or mechanical systems that make a dwelling unit substandard. One of these is an infestation of insects, vermin, or rodents. The law further empowers code enforcement officers to cite substandard conditions and to require that a property owner correct the violations. If the owner fails to do so after 30 days' notice, or within a shorter notice period if the enforcement agency deems it necessary to prevent or remedy an immediate threat to the health and safety of the public, the CONTINUED SB 1167 Page 2 enforcement agency must institute appropriate actions or proceedings to prevent, restrain, correct, or abate the violation. Likewise, state environmental health law requires a person who possesses (i.e., owns or leases) any place that is infested with rodents to endeavor to exterminate and destroy the rodents. The law allows the Department of Public Health (DPH) and local health officers to inspect places for infestation. If the possessor of the property fails to endeavor to exterminate and destroy the rodents, DPH or the local health officer must exterminate and destroy the rodents and may place a lien against the property to recover its costs. Independent of any particular property, a city or county may also order and pay for the extermination and destruction of rodents on both private and public property. This bill amends the State Housing Law to provide that if a dwelling is substandard due to an infestation of insects, vermin, or rodents, the enforcement agency's order shall include a requirement that the owner abate any other substandard conditions causing the infestation. This bill also amends state environmental health law to expand the authority and obligations of DPH and local health officers to abate substandard conditions causing a rodent infestation. FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local: No SUPPORT : (Verified 4/3/14) California Association of Code Enforcement Officers (co-source) Physicians for Local Responsibility, Los Angeles (co-source) Regional Asthma Management and Prevention (co-source) Alameda County Healthy Housing Department Asthma Coalition of Los Angeles County California Rural Legal Assistance Foundation Merced/Mariposa County Asthma Coalition Sierra Club California Western Center on Law and Poverty ARGUMENTS IN SUPPORT : According to the author, CONTINUED SB 1167 Page 3 Pest infestations are related to structural conditions that provide entry, food, and water needed for pests to thrive. Currently, state laws only requires those cited for a pest infestation to "exterminate and destroy" the pests. If structural deficiencies such as leaky plumbing, water intrusion, and holes in walls are not fixed, the pests often return resulting in repeat infestations. For residents, this results in an unhealthy mix of reoccurring infestations and often repeated exposure to pesticides used to exterminate the pest. By aligning existing structural housing codes with existing pest infestation codes, SB 1167 would ensure that structural deficiencies be addressed when an owner is cited for a pest infestation, resulting in more effective and long term elimination of pest infestations and healthier living conditions for residents. JA:e 4/3/14 Senate Floor Analyses SUPPORT/OPPOSITION: SEE ABOVE **** END **** CONTINUED