BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 2362|
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                                   THIRD READING 


          Bill No:  AB 2362
          Author:   Chu (D) 
          Amended:  5/2/16 in Assembly
          Vote:     21 

           SENATE JUDICIARY COMMITTEE:  7-0, 6/21/16
           AYES:  Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning,  
            Wieckowski

           ASSEMBLY FLOOR:  76-0, 5/5/16 - See last page for vote

           SUBJECT:   Common interest developments:  pesticide application


          SOURCE:    Center for California Homeowner Association Law
                     Regional Asthma Management and Prevention

          DIGEST:   This bill requires a homeowner association in a common  
          interest development, or its agent, to provide an owner or  
          tenant of a separate interest with advance written notice of the  
          application of pesticides to the separate interest or to a  
          common area when done without a licensed structural pest control  
          operator, as specified.  


          ANALYSIS:  


          Existing law:


           1) Provides that any building or portion thereof including any  
             dwelling unit, guestroom or suite of rooms, in which there  








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                                                                    Page  2


             exists an infestation of insects, vermin, or rodents to an  
             extent that endangers the life, limb, health, property,  
             safety, or welfare of the public or the occupants thereof  
             shall be deemed a substandard building.  (Health & Saf. Code  
             Sec. 17920.3.)


           2) States that a registered structural pest control company  
             shall provide the owner, or owner's agent, and tenant of the  
             premises for which work is to be done with clear written  
             notice.  (Bus. & Prof. Code Sec. 8538.)


           3) Specifies that the notice described above shall contain the  
             following statements and information using words with common  
             and everyday meaning:


                   The pest to be controlled;
                   The pesticide or pesticides proposed to be used, and  
                the active ingredient or ingredients;
                   A statement which, among other things, provides  
                "CAUTION-PESTICIDES ARE TOXIC CHEMICALS."  The statement  
                must also include notice regarding possible symptoms of  
                illness, and various persons to contact for further  
                information; and
                   If a contract for periodic pest control has been  
                executed, the frequency with which the treatment is to be  
                done.  (Bus. & Prof. Code Sec. 8538.)


           1) States that the notice described above shall be provided at  
             least 48 hours prior to application of pesticides, except as  
             provided.  (Bus. & Prof. Code Sec. 8538.)


           2) Requires a landlord of a residential dwelling unit to  
             provide each new tenant that occupies the unit with a copy of  
             the notice provided by a registered structural pest control  
             company if a contract for periodic pest control service has  
             been executed.  (Civ. Code Sec. 1940.8.)


           3) Requires registered structural pest control operators to  







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                                                                    Page  3


             leave in a conspicuous location a written notice identifying  
             the common, generic or chemical name of each pesticide  
             applied within or around a structure, and that such notice  
             may be provided by a door hanger, invoice, billing statement,  
             or other similar written document which contains the  
             registered company's name, address, and telephone number.   
             Existing regulations specify that in the case of a multiple  
             family structure, such notice may be given to the designated  
             agent or the owner, and that for external pest control  
             servicing to a multiple family dwelling consisting of more  
             than four units, notices shall be posted in heavily  
             frequented, highly visible areas including, but not limited  
             to, all mailboxes, manager's apartment, in all laundry rooms,  
             and community rooms.  (16 Cal. Code Reg. Sec. 1970.4.)


           4) Requires a landlord or authorized agent that applies any  
             pesticide to a dwelling unit without a licensed pest control  
             operator to provide a tenant of that dwelling unit, and, if  
             making broadcast applications, or using total release foggers  
             or aerosol sprays, any tenant in an adjacent dwelling unit  
             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: 


                   The pest or pests to be controlled;
                   The name and brand of the pesticide product proposed  
                to be used; 
                   The approximate date, time, and frequency with which  
                the pesticide will be applied; and
                   A specified statement regarding the toxicity of  
                pesticides.  (Civ. Code 1940.8.5(b).)


           1) Requires at least 24 hours prior to application of the  
             pesticide to the dwelling unit, that the landlord or  
             authorized agent provide notice to the tenant of the dwelling  
             unit, as well as any tenants in adjacent units that are  
             required to be notified, as specified. (Civ. Code  
             1940.8.5(b).)


           2) Authorizes the landlord or his or her agent, with the  







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                                                                    Page  4


             consent of the tenant, to apply a pesticide less than 24  
             hours after giving notice of intent to apply pesticides.  
             (Civ. Code 1940.8.5(b).)


           3) Requires a landlord or authorized agent that applies any  
             pesticide to a common area without a licensed pest control  
             operator, except as provided, to post written notice in a  
             conspicuous place in the common area in which a pesticide is  
             to be applied, or to provide written notice to all tenants,  
             that contains the following statements and information using  
             words with common and everyday meaning:


                   The pest or pests to be controlled;
                   The name and brand of the pesticide product proposed  
                to be used; 
                   The approximate date, time, and frequency with which  
                the pesticide will be applied; and
                   A specified statement regarding the toxicity of  
                pesticides.  (Civ. Code 1940.8.5(c).)


           1) Specifies that the above notice shall be posted before a  
             pesticide application in a common area and shall remain  
             posted for at least 24 hours after the pesticide is applied.   
             (Civ. Code 1940.8.5(c).)


           2) States that if the pest poses an immediate threat to health  
             and safety, thereby making compliance with notification prior  
             to the pesticide application unreasonable, a landlord or  
             authorized agent shall post the notification as soon as  
             practicable, but not later than one hour after the pesticide  
             is applied.  (Civ. Code 1940.8.5(c).)


          This bill:


           1) Requires 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 to provide the owner  
             and, if applicable, the tenant of an affected separate  







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             interest and, if making broadcast applications, or using  
             total release foggers or aerosol sprays, the owner, and, if  
             applicable, the tenant in an adjacent separate interest that  
             could reasonably be impacted by the pesticide use with  
             written notice, as specified, that contains the following  
             statements and information using words with common and  
             everyday meaning:


                   The pest or pests to be controlled;
                   The name and brand of the pesticide product proposed  
                to be used; 
                   The approximate date, time, and frequency with which  
                the pesticide will be applied; and
                   A specified statement regarding the toxicity of  
                pesticides.


           1) Requires an association or its agent to provide the above  
             notice to owners and tenants of separate interests, as  
             required, at least 48 hours prior to the application of the  
             pesticide.  In the case of a common area, this bill requires  
             an association or its agent to post the above notice in a  
             conspicuous place in or around the common area in which the  
             pesticide is to be applied, if practicable.  If not  
             practicable, the association or its agent must provide notice  
             to an owner and, if applicable, a tenant of a separate  
             interest that is adjacent to the common area.


           2) States that if the pest poses an immediate threat to health  
             and safety, thereby making compliance with notification prior  
             to the pesticide application unreasonable, the association or  
             its agent shall post the notification as soon as practicable,  
             but not later than one hour after the pesticide is applied.   
             (Civ. Code 1940.8.5(c).)


           3) Authorizes the association or authorized agent to agree  
             orally to an immediate pesticide application if the owner or,  
             if applicable, the tenant requests that the pesticide be  
             applied before the 48-hour notice of the pesticide product  
             proposed to be used, as specified.  If any owner or any  
             tenant of a separate interest or adjacent separate interest  







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             is also required to be notified, the association or agent  
             must provide that person with notice as soon as practicable  
             after the oral agreement is made, but in no case later than  
             commencement of application of the pesticide.


           4) Defines the following terms:


                   "Adjacent separate interest" means a separate interest  
                that is directly beside, above, or below a particular  
                separate interest or the common area.
                   "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.
                   "Broadcast application" means spreading pesticide over  
                an area greater than two square feet.
                   "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.
                   "Licensed pest control operator" means anyone licensed  
                by the state to apply pesticides.
                   "Pest" means a living organism that causes damage to  
                property or economic loss, or transmits or produces  
                diseases.
                   "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)).


           1) Makes related findings and declarations.


          Background


          According to the American Association of Poison Control Centers,  
          Americans reported 2.9 million exposures to poison control  
          centers in 2014, the most recent year for which data is  
          available.  (American Association of Poison Control Centers,  







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          2014 Annual Report of the American Association of Poison Control  
          Centers' National Poison Data System  
           
                                                                    Page  8



          Existing law requires registered structural pest control  
          operators to provide the owner and tenants of a property for  
          which work is to be done with advance written notice prior to  
          the application of pesticides.  Existing law, enacted last year  
          by SB 328 (Hueso, Chapter 278, Statutes of 2015) requires a  
          landlord or a landlord's agent to provide a tenant, and any  
          tenant of an adjacent unit, with advance written notice of the  
          use of pesticides at the dwelling unit if the landlord or  
          authorized agent applies any pesticide without a licensed  
          structural pest control operator.  This bill requires homeowner  
          associations and their agents to provide owners and tenants with  
          advance written notice of the use of pesticides at a residence  
          or in a common area at least 48 hours, except as specified,  
          prior to their application if the pesticides are applied without  
          a licensed structural pest control operator.


          Comments


          The author writes:


            According to the United States Environmental Protection Agency  
            (U.S. EPA), Americans use more than a billion pounds of  
            pesticides each year to combat pests on farm crops, in homes,  
            places of business, schools, parks, hospitals, and other  
            public places. . . . 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.  However, according  
            to the study "Acute Illnesses Associated with Pesticide  
            Exposure at Schools," published in 2005 by the American  
            Medical Association, pesticide poisoning is a commonly  
            under-diagnosed illness.  The clinical findings of acute  
            pesticide poisoning are rarely pathognomonic, but instead  
            resemble acute upper respiratory tract illness,  
            conjunctivitis, gastrointestinal illness, and other  
            conditions.


            Children are at a greater risk from exposure to some  
            pesticides for a number of reasons.  Children's internal  







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            organs are still developing and maturing and their enzymatic,  
            metabolic, and immune systems may provide less natural  
            protection than those of an adult.  There are critical periods  
            in human development when exposure to a toxin can permanently  
            alter the way an individual's biological system operates.  In  
            addition, children may be more likely to be exposed to certain  
            pesticides because they behave differently than do adults.   
            For instance, children's behaviors, such as playing on the  
            floor or on the lawn where pesticides are commonly applied, or  
            putting objects in their mouths, increase their chances of  
            exposure to pesticides.


            Because of the particular way they are regulated, [existing  
            law requiring notification of pesticide use] 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 [existing law] in  
            relation to HOAs.  Doing this would ensure all tenants receive  
            the same protections, regardless of the type of housing unit  
            they rent.  This bill seeks to extend the regulations imposed  
            under SB 328 (Hueso) 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.


          Prior Legislation


          SB 328 (Hueso, Chapter 278, Statutes of 2015) requires a  
          landlord or a landlord's agent to provide a tenant, and any  
          tenant of an adjacent unit, with advance written notice of the  
          use of pesticides at the dwelling unit if the landlord or  
          authorized agent applies any pesticide without a licensed  
          structural pest control operator.  The bill requires the posting  
          of a similar notice at least 24 hours prior to applying a  
          pesticide in a common area without a licensed structural pest  
          control operator, unless the pest poses an immediate threat to  
          health and safety, in which case the notice would be required to  







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          be posted as soon as practicable, but not later than one hour  
          after the pesticide is applied.


          SB 1167 (Hueso, Chapter 81, Statutes of 2014) expanded the duty  
          of individuals who possess property infested with rodents to  
          immediately exterminate and destroy the rodents, to also require  
          that individual to abate specified conditions that are causing  
          the infestation.  The bill also authorized specified agencies  
          and governing bodies to abate the conditions that are causing  
          the infestation, and directed that an agency's abatement order  
          include abatement of specified conditions that the agency  
          determines to have caused the infestation.


          SB 2143 (Bowen, Chapter 234, Statutes of 2000) required the  
          landlord of a residential dwelling unit to provide each new  
          tenant that occupies the unit with a copy of the notice provided  
          by a registered structural pest control company if a contract  
          for periodic pest control service has been executed.  The bill  
          specified that the required notice contain information about the  
          frequency of treatment if a contract for periodic pest control  
          has been executed.




          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified6/21/16)


          Center for California Homeowner Association Law (co-source)
          Regional Asthma Management and Prevention (co-source)
          California Rural Legal Assistance Foundation
          Coalition for Economic Survival
          Community Action to Fight Asthma
          Esperanza Community Housing Corporation
          Western Center on Law and Poverty


          OPPOSITION:   (Verified6/21/16)







                                                                    AB 2362  
                                                                    Page  11




          None received


          ASSEMBLY FLOOR:  76-0, 5/5/16
          AYES:  Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,  
            Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos,  
            Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low,  
            Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin,  
            Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas,  
            Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond,  
            Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon
          NO VOTE RECORDED:  Bigelow, Beth Gaines, Jones-Sawyer, Patterson

          Prepared by:Tobias Halvarson / JUD. / (916) 651-4113
          6/24/16 14:33:47


                                   ****  END  ****