BILL ANALYSIS Ó
AB 2362
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ASSEMBLY THIRD READING
AB
2362 (Chu)
As Amended May 2, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Environmental |5-1 |Alejo, Gray, Lopez, |Beth Gaines |
|Safety | |McCarty, Ting | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |9-0 |Mark Stone, Wagner, | |
| | |Alejo, Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, Maienschein, | |
| | |Ting | |
| | | | |
| | | | |
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SUMMARY: Requires a homeowners association (HOA) to provide
notification, as specified, to homeowners and tenants in a
common interest development (CID) if the homeowners association
applies pesticides without a licensed pest control operator.
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EXISTING LAW:
1)Requires a registered structural pest control company to
provide the owner, or owner's agent, and tenant of the
premises for which work is to be done with clear written
notice, as specified, at least 48 hours prior to application
of pesticides, except as provided.
2)Requires, at least 24 hours prior to the application of a
pesticide without a licensed pest control operator to a
dwelling unit, a landlord to provide, by one of four specified
ways, the tenant of that dwelling unit and any tenant in an
adjacent dwelling unit with a specified written notice.
3)Exempts any landlord or HOA from providing notice of pesticide
use without a pest control operator in a separate interest or
in common areas within a CID.
FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: According to the author, "This bill seeks to extend
the regulations imposed under SB 328 (Hueso),[Chapter 278,
Statues of 2015,] which requires landlords to provide tenants
with notification of pesticide use if a landlord or property
manager applies store-bought pesticides, the same as they would
be obligated to do under the Structural Pest Control Act if a
landlord or property manager hired a registered pest management
professional to do the same job. ?Because of the particular way
they are regulated, SB 328 does not apply in the context of Home
Owners Associations (HOAs). Therefore, those living in a
condominium or townhouse, for example, are not afforded the same
right to be notified when pesticides are applied by a
non-licensed professional. AB 2362 would close this gap by
adding provisions that mirror SB 328 in relation to HOAs. Doing
this would ensure all tenants receive the same protections,
regardless of the type of housing unit they rent."
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Pesticide use around dwellings: In its Citizen's Guide to Pest
Control and Pesticide Safety, the United States Environmental
Protection Agency (U.S. EPA) states, "One of the greatest causes
of pesticide exposure to humans is the use of pesticides in and
around the home. Anyone can buy a wide variety of "off the
shelf" pesticide products to control weeds, unwanted insects,
and other pests. ...Yet, many of the products can be hazardous
to people, especially when stored, handled, applied, or disposed
of improperly."
Potential health impacts of pesticide exposure: The U.S. EPA
reports that the adverse effects of pesticide exposure range
from mild symptoms of dizziness and nausea to serious, long-term
neurological, developmental and reproductive disorders.
Children are at a greater risk from exposure to some pesticides
because their internal organs are still developing and maturing
and because of their behaviors, such as playing on the floor or
on the lawn where pesticides are commonly applied and putting
exposed objects in their mouths.
Notification requirements for pesticide applications:
Notification of pesticide application enables those potentially
affected to take precautions to avoid contact or exposure to
pesticides. Since 1984, California law has required pest
control companies to provide notice to the owner, or the owner's
agent, and residents when applying pesticides at a property.
The notice must be given prior to the application of pesticides;
be clearly written; and, include details about the pesticide
being applied, contact information for authorities for
additional information and to report pesticide illness, and
other information.
Expanding upon the requirement that pest control companies
provide notification of application, SB 398 (Hueso), Chapter
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278, Statutes of 2015, requires landlords to provide similar
notice to tenants if she or he applies a pesticide without the
use of a registered pest control company. SB 398 specifically
exempts HOAs from having to notify if pesticides are applied
without a pest control operator in a CID.
Common interest developments (CIDs) and homeowners associations
(HOAs): CIDs, also referred to as common interest communities
and common interest realty associations, are a type of
development with common areas, such as playgrounds, parking
lots, and swimming pools. CIDs come in many structural types,
architectural styles, and sizes, such as retirement communities,
recreational communities, high-rise buildings, equestrian
communities, lake-centered developments, golfing communities,
artists' lofts, etc. They can be single family detached houses,
two story townhouses, apartment-like buildings, or be in other
forms. Despite the differences that may exist among CIDs, all
CIDs are similar in that they allow individual owners the use of
common property and facilities and provide for a system of
self-governance through an HOA within the CID.
Because CIDS and HOAs are governed under the Davis-Stirling Act
with unique requirements, and landlord and tenant requirements
fall under different statutes and have different requirements,
requiring HOAs to notify for pesticide application in CIDs was
not included in SB 398. This bill seeks to close that gap and
provide the same protections for people living in HOAs that
exist for tenants outside of a CID.
Analysis Prepared by:
Shannon McKinney / E.S. & T.M. / (916) 319-3965
FN:
0002848
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