BILL NUMBER: AB 2362 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Chu
FEBRUARY 18, 2016
An act to add Section 4777 to the Civil Code, relating to common
interest developments.
LEGISLATIVE COUNSEL'S DIGEST
AB 2362, as amended, Chu. Common interest developments: pesticide
application.
Existing law, the Davis-Stirling Common Interest Development Act,
regulates the creation and governance of common interest
developments, which are managed by associations. 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. 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 would require a common interest development association
or its authorized agent to provide notice to an owner or
and, if applicable, tenant of a separate
interest, and under certain circumstances to owners or
and, if applicable, 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
tenant to agree to immediate pesticide
application and would prescribe a revised notification procedure in
this instance.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Existing law, Section 1940.8.5 of the Civil Code, requires a
landlord or his or her agent who applies pesticide in certain ways to
a dwelling unit or common area without a licensed pest control
operator to provide to tenants of potentially affected units written
notification that includes the pest to be targeted, the pesticide to
be used, the frequency of its use, and a health and safety statement
prior to the pesticide application.
(b) It is the intent of this bill, therefore, that when pesticides
are about to be applied to the separate interests or to the common
areas of a common interest development either by the homeowner
association or by one of its agents rather than by a licensed pest
control operator, that the occupants owners
and, if applicable, tenants of the separate interests,
whether owners or tenants, and occupants interests
and the owners and, if applicable, tenants of adjacent separate
units that could reasonably be impacted by the pesticide be provided
with substantially the same written notification that they would
have received under existing law had the pesticides been applied by a
licensed pest control operator.
SEC. 2. Section 4777 is added to the Civil Code, to read:
4777. (a) For the purposes of this section:
(1) "Adjacent separate interest" means a separate interest that is
directly beside, above, or below a particular separate interest or
the common area.
(2) "Authorized agent" means an individual, organization, or other
entity that has entered into an agreement with the association to
act on the association's behalf.
(3) "Broadcast application" means spreading pesticide over an area
greater than two square feet.
(4) "Electronic delivery" means delivery of a document by
electronic means to the electronic address at, or through which, an
owner of a separate interest has authorized electronic delivery.
(5) "Licensed pest control operator" means anyone licensed by the
state to apply pesticides.
(6) "Pest" means a living organism that causes damage to property
or economic loss, or transmits or produces diseases.
(7) "Pesticide" means any substance, or mixture of substances,
that is intended to be used for controlling, destroying, repelling,
or mitigating any pest or organism, excluding antimicrobial
pesticides as defined by the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) (1) An association or its authorized agent that applies any
pesticide to a separate interest or to the common area without a
licensed pest control operator shall provide the owner or
and, if applicable, the tenant of an affected
separate interest and, if making broadcast applications, or using
total release foggers or aerosol sprays, the owner or
and, if applicable, the tenant in an adjacent
separate interest that could reasonably be impacted by the pesticide
use with written notice that contains the following statements and
information using words with common and everyday meaning:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be
used.
(C) "State law requires that you be given the following
information:
CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California
Department of Pesticide Regulation and the United States
Environmental Protection Agency allow the unlicensed use of certain
pesticides based on existing scientific evidence that there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person
experiences symptoms similar to common seasonal illness comparable to
influenza, the person should contact a physician, appropriate
licensed health care provider, or the California Poison Control
System (1-800-222-1222).
For further information, contact any of the following: for Health
Questions - the County Health Department (telephone number) and for
Regulatory Information - the Department of Pesticide Regulation
(916-324-4100)."
(D) The approximate date, time, and frequency with which the
pesticide will be applied.
(E) The following notification:
"The approximate date, time, and frequency of this pesticide
application is subject to change."
(2) At least 48 hours prior to application of the pesticide to a
separate interest, the association or its authorized agent shall
provide individual notice to the owner and, if applicable, the
tenant of the separate interest as well as notice to
any tenant of the separate interest, as well as any
and notice to an owner or and, if
applicable, the tenant occupying any adjacent separate interest
that is required to be notified pursuant to paragraph (1).
Notice
(3) At least 48 hours prior to
application of the pesticide to a common area, the association or its
authorized agent shall provide individual notice to the
owner and, if applicable, the tenant of the separate interest that is
adjacent to common area.
(4) Notice to tenants of separate
interests shall be provided, in at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to an occupant a
tenant 18 years of age or older.
(C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.
(3)
(5) (A) Upon receipt of written notification, the owner
of the separate interest or the tenant may agree in writing or, if
notification was delivered electronically, the tenant may agree
through electronic delivery, to allow the association or authorized
agent to apply a pesticide immediately or at an agreed upon time.
(B) (i) Prior to receipt of written notification, the association
or authorized agent may agree orally to an immediate pesticide
application if the owner or occupant or, if
applicable, the tenant requests that the pesticide be applied
before the 48-hour of the pesticide product proposed to be used.
(ii) With respect to an owner or occupant
or, if applicable, a tenant entering into an oral agreement for
immediate pesticide application, the association or authorized
agent, no later than the time of pesticide application, shall leave
the written notice specified in paragraph (1) in a conspicuous place
in the separate interest or at the entrance of the separate interest
in a manner in which a reasonable person would discover the notice.
(iii) If any owner or, if applicable, any tenant of a
separate interest or occupant in an owner or,
if applicable, a tenant of an adjacent separate interest is
also required to be notified pursuant to this subparagraph, the
association or authorized agent shall provide that person with this
notice as soon as practicable after the oral agreement is made
authorizing immediate pesticide application, but in no case later
than commencement of application of the pesticide.
(4)
(6) A copy of a written notice provided pursuant
paragraph (1) shall be attached to the minutes of the board meeting
immediately subsequent the application of the pesticide.