Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2362


Introduced by Assembly Member Chu

February 18, 2016


An actbegin insert to add Section 4777 to the Civil Code,end insert relating to common interest developments.

LEGISLATIVE COUNSEL’S DIGEST

AB 2362, as amended, Chu. Common interestbegin delete developments.end deletebegin insert developments: pesticide application.end insert

Existing law, the Davis-Stirling Common Interest Development Act, regulates the creation and governance of common interest developments, which are managedbegin insert byend insert associations.begin insert Existing law generally provides that an association is responsible for maintaining common areas in the development and owners of separate interests are responsible for their interests. Existing law permits an association to require the removal of an occupant of a separate interest for such times and periods as may be necessary for the effective treatment of wood-destroying pests.end insert Existing law generally requires a landlord or his or her authorized agent to provide notice to tenants, and under certain circumstances tenants of adjacent units, of the use of pesticides at the tenant’s dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator.

This bill wouldbegin delete state the intent of the Legislature to subsequently amend this bill to include provisions that would require notification of tenants living in a unit on property that is part of a homeowner’s association when pesticides are to be applied by unlicensed professionals.end deletebegin insert require a common interest development association or its authorized agent to provide notice to an owner or tenant of a separate interest, and under certain circumstances to owners or tenants of adjacent separate interests, if pesticide is to be applied without a licensed pest control operator to a separate interest or to a common area. The bill would prescribe the contents of the notice and how it is to be provided. The bill would authorize an owner or occupant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance. end insert

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares the following:

end insert

2begin insert(a)end insertbegin insertend insertbegin insertExisting law, Section 1940.8.5 of the Civil Code, requires
3a landlord or his or her agent who applies pesticide in certain
4ways to a dwelling unit or common area without a licensed pest
5control operator to provide to tenants of potentially affected units
6written notification that includes the pest to be targeted, the
7pesticide to be used, the frequency of its use, and a health and
8 safety statement prior to the pesticide application.end insert

begin insert

9(b) It is the intent of this bill, therefore, that when pesticides
10are about to be applied to the separate interests or to the common
11areas of a common interest development either by the homeowner
12association or by one of its agents rather than by a licensed pest
13control operator, that the occupants of the separate interests,
14whether owners or tenants, and occupants of adjacent separate
15units that could reasonably be impacted by the pesticide be
16provided with substantially the same written notification that they
17would have received under existing law had the pesticides been
18applied by a licensed pest control operator.

end insert
19begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 4777 is added to the end insertbegin insertCivil Codeend insertbegin insert, to read:end insert

begin insert
20

begin insert4777.end insert  

(a) For the purposes of this section:

21(1) “Adjacent separate interest” means a separate interest that
22is directly beside, above, or below a particular separate interest
23or the common area.

24(2) “Authorized agent” means an individual, organization, or
25other entity that has entered into an agreement with the association
26to act on the association’s behalf.

P3    1(3) “Broadcast application” means spreading pesticide over
2an area greater than two square feet.

3(4) “Electronic delivery” means delivery of a document by
4electronic means to the electronic address at, or through which,
5an owner of a separate interest has authorized electronic delivery.

6(5) “Licensed pest control operator” means anyone licensed
7by the state to apply pesticides.

8(6) “Pest” means a living organism that causes damage to
9property or economic loss, or transmits or produces diseases.

10(7) “Pesticide” means any substance, or mixture of substances,
11that is intended to be used for controlling, destroying, repelling,
12or mitigating any pest or organism, excluding antimicrobial
13pesticides as defined by the Federal Insecticide, Fungicide, and
14Rodenticide Act (7 U.S.C. Sec. 136(mm)).

15(b) (1) An association or its authorized agent that applies any
16pesticide to a separate interest or to the common area without a
17licensed pest control operator shall provide the owner or the tenant
18of an affected separate interest and, if making broadcast
19applications, or using total release foggers or aerosol sprays, the
20owner or tenant in an adjacent separate interest that could
21reasonably be impacted by the pesticide use with written notice
22that contains the following statements and information using words
23with common and everyday meaning:

24(A) The pest or pests to be controlled.

25(B) The name and brand of the pesticide product proposed to
26be used.

27(C) “State law requires that you be given the following
28information:


30CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The
31California Department of Pesticide Regulation and the United
32States Environmental Protection Agency allow the unlicensed use
33of certain pesticides based on existing scientific evidence that there
34are no appreciable risks if proper use conditions are followed or
35that the risks are outweighed by the benefits. The degree of risk
36depends upon the degree of exposure, so exposure should be
37minimized.

38If within 24 hours following application of a pesticide, a person
39experiences symptoms similar to common seasonal illness
40comparable to influenza, the person should contact a physician,
P4    1appropriate licensed health care provider, or the California Poison
2Control System (1-800-222-1222).

3For further information, contact any of the following: for Health
4Questions - the County Health Department (telephone number)
5and for Regulatory Information - the Department of Pesticide
6Regulation (916-324-4100).”


8(D) The approximate date, time, and frequency with which the
9pesticide will be applied.

10(E) The following notification:

11“The approximate date, time, and frequency of this pesticide
12application is subject to change.”

13(2) At least 48 hours prior to application of the pesticide to a
14separate interest, the association or its authorized agent shall
15provide individual notice to the owner of the separate interest as
16well as notice to any tenant of the separate interest, as well as any
17owner or tenant occupying any adjacent separate interest that is
18required to be notified pursuant to paragraph (1). Notice to tenants
19of separate interests shall be provided, in at least one of the
20following ways:

21(A) First-class mail.

22(B) Personal delivery to an occupant 18 years of age or older.

23(C) Electronic delivery, if an electronic mailing address has
24been provided by the tenant.

25(3) (A) Upon receipt of written notification, the owner of the
26separate interest or the tenant may agree in writing or, if
27notification was delivered electronically, the tenant may agree
28through electronic delivery, to allow the association or authorized
29agent to apply a pesticide immediately or at an agreed upon time.

30(B) (i) Prior to receipt of written notification, the association
31or authorized agent may agree orally to an immediate pesticide
32application if the owner or occupant requests that the pesticide
33be applied before the 48-hour of the pesticide product proposed
34to be used.

35(ii) With respect to an owner or occupant entering into an oral
36agreement for immediate pesticide application, the association or
37authorized agent, no later than the time of pesticide application,
38shall leave the written notice specified in paragraph (1) in a
39conspicuous place in the separate interest or at the entrance of
P5    1the separate interest in a manner in which a reasonable person
2would discover the notice.

3(iii) If any owner of a separate interest or occupant in an
4adjacent separate interest is also required to be notified pursuant
5to this subparagraph, the association or authorized agent shall
6provide that person with this notice as soon as practicable after
7the oral agreement is made authorizing immediate pesticide
8application, but in no case later than commencement of application
9of the pesticide.

10(4) A copy of a written notice provided pursuant paragraph (1)
11shall be attached to the minutes of the board meeting immediately
12subsequent the application of the pesticide.

end insert
begin delete
13

SECTION 1.  

It is the intent of the Legislature to subsequently
14amend this measure to include provisions that would require
15notification of tenants living in a unit on property that is part of
16an owners’ association when pesticides are to be applied by
17unlicensed professionals.

end delete


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