BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2362|
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|(916) 651-1520 Fax: (916) | |
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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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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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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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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)
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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
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