Amended in Assembly August 17, 2015

Amended in Senate May 4, 2015

Senate Bill No. 328

Introduced by Senator Hueso

February 23, 2015

An act to add Section 1940.8.5 to the Civil Code, relating to rental property.

LEGISLATIVE COUNSEL’S DIGEST

SB 328, as amended, Hueso. Landlords: notice of pesticide use.

Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.

This begin delete bill would end delete begin insert bill, with certain exceptions, would end insert require the landlord or the landlord’s authorized agent, as defined, to provide a tenant, begin delete and end delete begin insert and, if certain conditions are met, end insert any tenant of adjacent units, with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed begin delete structural end delete pest control operator.

The begin delete bill would end delete begin insert bill, with certain exceptions, would end insert require the begin delete posing end delete begin insert posting end insert of a similar notice at least 24 hours prior to application of any pesticide to a common area without a licensed begin delete structural end delete pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied. begin insert For routine application pursuant to a schedule in common areas, the bill would require a notification to existing tenants prior to the initial routine application and to new tenants at the time that the lease agreement is entered into. 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) Existing law requires licensed pest control operators to
provide to tenants begin delete advance end delete written notification that includes the
pest to be targeted, the pesticide to be used, the frequency of its
use, and a health and safety begin delete statement. end delete begin insert statement prior to a
pesticide application. end insert

(b) Landlords or authorized agents may apply begin delete commercial end delete
pesticides without using the services of a licensed begin delete structural end delete pest
control begin delete operator, as defined in Section 8506 of the Business and
Professions Code. end delete begin insert operator. end insert There is no requirement for landlords
or authorized agents to notify tenants when pesticides are applied
to their units or common areas.

begin insert

(c) It is therefore the intent of this bill to ensure that when
pesticides are about to be applied to rental property by the landlord
or an authorized agent, rather than by a licensed pest control
operator, potentially affected tenants are provided with
substantially the same written notification that they would have
received under existing law had the pesticides been applied by a
pest control operator.

end insert

SEC. 2.  

Section 1940.8.5 is added to the Civil Code, to read:

1940.8.5.  

(a) For purposes of this section, the following terms
have the following meanings:

begin insert

(1) “Adjacent dwelling unit” means a dwelling unit that is
directly beside, above, or below a particular dwelling unit.

end insert begin delete

(1)

end delete

begin insert (2) end insert  “Authorized agent” means an individual, organization, or
other entity that has entered into an agreement with a landlord to
act on the landlord’s behalf in relation to the management of a
residential rental property.

begin insert

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

end insert begin insert

(4) “Electronic delivery” means delivery of a document by
electronic means to the electronic address at or through which a
tenant, landlord, or authorized agent has authorized electronic
delivery.

end insert begin delete

(2)

end delete

begin insert (5) end insert  “Landlord” means an owner of residential rental property.

begin delete

(3)

end delete

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

begin delete

(4)

end delete

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

begin delete

(5)

end delete

begin insert (8) end insert  “Licensed begin delete structural end delete pest control operator” begin delete has the same
meaning as “structural pest control operator” as set forth in Section
8506 of the Business and Professions Code. end delete begin insert means anyone licensed
by the state to apply pesticides. end insert

(b) (1) A landlord or authorized agent that applies any pesticide
to a dwelling unit without a licensed begin delete structural end delete pest control operator
shall begin delete provide, consistent with the requirements of paragraph (2), end delete
begin insert provide end insert a tenant of that dwelling unit begin delete and a end delete begin insert and, if making
broadcast applications, or using total release foggers or aerosol
sprays, any end insert tenant in begin delete each neighboring end delete begin insert an adjacent end insert dwelling unit
that could reasonably be impacted by the pesticide use with written
notice that begin delete contains, in nontechnical language and in a clear and
coherent manner, the following statements and information: end delete
begin insert contains the following statements and information using words
with common and everyday meaning: end insert

(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:

begin insert end insert

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 begin delete (telephone number). end delete begin insert (1-800-222-1222). end insert

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 begin delete (telephone number).” end delete begin insert (916-324-4100). end insert begin insert ” end insert

(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 begin delete change if a tenant in the unit the pesticides
will be applied waives the 24-hour waiting period.” end delete begin insert change. end insert begin insert ” end insert

begin delete

(2) The tenant shall receive the notice at

end delete

begin insert (2) end insert begin insert   end insert begin insert At end insert least 24 hours prior to application of the pesticide begin insert to the
dwelling unit, the landlord or authorized agent shall provide the
notice to the tenant of the dwelling unit, as well as any tenants in
adjacent units that are required to be notified pursuant to
paragraph (1), end insert in at least one of the following ways:

(A) First-class mail.

(B) Personal begin delete delivery. end delete begin insert delivery to the tenant, someone of suitable
age and discretion at the premises, or under the usual entry door
of the premises. end insert

begin insert

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

end insert begin insert

(D) Posting a written notice in a conspicuous place at the unit
entry in a manner in which a reasonable person would discover
the notice.

end insert

(3)  begin insert (A) end insert begin insert   end insert Upon receipt of written notification, the tenant may
begin delete sign a waiver end delete begin insert agree in writing, or if notification was electronically
delivered, the tenant may agree through electronic delivery, end insert to
allow the landlord or authorized agent to apply a pesticide
begin insert immediately or end insert at an agreed upon begin delete time within 24 hours. end delete begin insert time. end insert

begin insert

(B) (i) Prior to receipt of written notification, the tenant and
the landlord or authorized agent may agree orally to an immediate
pesticide application if a tenant requests that the pesticide be
applied before 24-hour advance notice can be given. The oral
agreement shall include the name and brand of the pesticide
product proposed to be used.

end insert begin insert

(ii) With respect to a tenant entering into an oral agreement for
immediate pesticide application, the landlord 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 dwelling unit, or at the entrance of the unit in a manner in
which a reasonable person would discover the notice.

end insert begin insert

(iii) If any tenants in adjacent dwelling units are also required
to be notified pursuant to this subdivision, the landlord or
authorized agent shall provide those tenants 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.

end insert begin insert

(4) (A) This subdivision shall not be construed to require an
association, as defined in Section 4080, to provide notice of
pesticide use in a separate interest, as defined in Section 4185,
within a common interest development, as defined in Section 4100.

end insert begin insert

(B) Notwithstanding subparagraph (A), an association, as
defined in Section 4080, that has taken title to a separate interest,
as defined in Section 4185, shall provide notification to tenants
as specified in this subdivision.

end insert

(c) (1)  begin delete If a end delete begin insert A end insert landlord or authorized agent begin insert that end insert applies any
pesticide to a common area without a licensed begin delete structural end delete pest
control operator, begin delete the landlord or authorized agent end delete begin insert excluding routine
pesticide applications described in subdivision (d), end insert shall post
written notice in a conspicuous place in the common area in which
a pesticide is to be applied that begin delete contains, in nontechnical language
and in clear and coherent manner, the following information: end delete
begin insert contains the following statements and information using words
with common and everyday meaning: end insert

(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:

begin insert end insert

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 begin delete (telephone number). end delete begin insert (1-800-222-1222). end insert

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 begin delete (telephone number).” end delete begin insert (916-324-4100). end insert begin insert ” end insert

begin insert end insert

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

(2) (A) The notice shall be posted begin delete at least 24 hours end delete before a
pesticide application in a common area and shall remain posted
for at least 24 hours after the pesticide is applied.

(B) Landlords and their authorized agents are not liable for any
notice removed from a common area without the knowledge or
consent of the landlord or authorized agent.

(C) If the pest poses an immediate threat to health and safety,
thereby making compliance with begin delete the 24-hour end delete begin insert notification end insert prior
begin delete notice requirements of end delete begin insert to the pesticide application required in end insert
subparagraph (A) 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.

begin insert

(3) If a common area lacks a suitable place to post a notice,
then the landlord shall provide the notice to each dwelling unit in
at least one of the following ways:

end insert begin insert

(A) First-class mail.

end insert begin insert

(B) Personal delivery to the tenant, someone of suitable age
and discretion at the premises, or under the usual entry door of
the premises.

end insert begin insert

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

end insert begin insert

(D) Posting a written notice in a conspicuous place at the unit
entry in a manner in which a reasonable person would discover
the notice.

end insert begin insert

(4) This subdivision shall not be construed to require any
landlord or authorized agent, or an association, as defined in
Section 4080, to provide notice of pesticide use in common areas
within a common interest development, as defined in Section 4100.

end insert begin insert

(d) (1) A landlord or authorized agent that routinely applies
pesticide in a common area on a set schedule without a licensed
pest control operator shall provide a tenant in each dwelling unit
with written notice that contains the following statements and
information using words with common and everyday meaning:

end insert begin insert

(A) The pest or pests to be controlled.

end insert begin insert

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

end insert begin insert

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

end insert
begin insert end insert
begin insert

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.

end insert begin insert

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).

end insert begin insert

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).”

end insert
begin insert end insert
begin insert

(D) The schedule pursuant to which the pesticide will be
routinely applied.

end insert begin insert

(2) (A) The landlord or authorized agent shall provide the
notice to both of the following:

end insert begin insert

(i) Existing tenants prior to the initial pesticide application.

end insert begin insert

(ii) Each new tenant prior to entering into a lease agreement.

end insert begin insert

(B) The landlord or authorized agent shall provide the notice
to the tenant in at least one of the following ways:

end insert begin insert

(i) First-class mail.

end insert begin insert

(ii) Personal delivery to the tenant, someone of suitable age
and discretion at the premises, or under the usual entry door of
the premises.

end insert begin insert

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

end insert begin insert

(iv) Posting a written notice in a conspicuous place at the unit
entry in a manner in which a reasonable person would discover
the notice.

end insert begin insert

(C) If the pesticide to be used is changed, a landlord or
authorized agent shall provide a new notice pursuant to paragraph
(1).

end insert begin insert

(D) This subdivision shall not be construed to require any
landlord or authorized agent, or an association, as defined in
Section 4080, to provide notice of pesticide use in common areas
within a common interest development, as defined in Section 4100.

end insert begin delete

(d)

end delete

begin insert (e) end insert  Nothing in this section abrogates the responsibility of a
registered structural pest control company to abide by the
notification requirements of Section 8538 of the Business and
Professions Code.

begin delete

(e)

end delete

begin insert (f) end insert  Nothing in this section authorizes a landlord or authorized
agent to enter a tenant’s dwelling unit in violation of Section 1954.

begin insert

(g) If a tenant is provided notice in compliance with this section,
a landlord or authorized agent is not required to provide additional
information, and the information shall be deemed adequate to
inform the tenant regarding the application of pesticides.

end insert