BILL NUMBER: SB 328	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 17, 2015
	AMENDED IN SENATE  MAY 4, 2015

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  bill would   bill, with certain
exceptions, would  require the landlord or the landlord's
authorized agent, as defined, to provide a tenant,  and
  and, if certain conditions are met,  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  structural  pest
control operator.
   The  bill would   bill, with certain
exceptions, would  require the  posing  
posting  of a similar notice at least 24 hours prior to
application of any pesticide to 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 be posted as soon as practicable, but not
later than one hour after the pesticide is applied.  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. 
   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  advance  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.
  statement prior to a pesticide application. 
   (b) Landlords or authorized agents may apply  commercial
 pesticides without using the services of a licensed
 structural  pest control  operator, as
defined in Section 8506 of the Business and Professions Code.
  operator.  There is no requirement for landlords
or authorized agents to notify tenants when pesticides are applied to
their units or common areas. 
   (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. 
  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: 
   (1) "Adjacent dwelling unit" means a dwelling unit that is
directly beside, above, or below a particular dwelling unit. 

   (1) 
    (2)  "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. 
   (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 a
tenant, landlord, or authorized agent has authorized electronic
delivery.  
   (2) 
    (5)  "Landlord" means an owner of residential rental
property. 
   (3) 
    (6)  "Pest" means a living organism that causes damage
to property or economic loss, or transmits or produces diseases.

   (4) 
    (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. 
 organism, excluding antimicrobial pesticides as defined by the
Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec.
136(mm)).  
   (5) 
    (8)  "Licensed  structural  pest
control operator"  has the same meaning as "structural pest
control operator" as set forth in Section 8506 of the Business and
Professions Code.   means anyone licensed by the state
to apply pesticides. 
   (b) (1) A landlord or authorized agent that applies any pesticide
to a dwelling unit without a licensed  structural 
pest control operator shall  provide, consistent with the
requirements of paragraph (2),   provide  a tenant
of that dwelling unit  and a   and, if making
broadcast applications, or using total release foggers or aerosol
sprays, any  tenant in  each neighboring  
an adjacent  dwelling unit that could reasonably be impacted by
the pesticide use with written notice that  contains, in
nontechnical language and in a clear and coherent manner, the
following statements and information:   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  (telephone number).   (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
 (telephone number)."   (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 if a tenant in the unit the
pesticides will be applied waives the 24-hour waiting period."
  change.   "  
   (2) The tenant shall receive the notice at 
    (2)     At  least 24 hours prior to
application of the pesticide  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),  in at least one of the following ways:
   (A) First-class mail.
   (B) Personal  delivery.   delivery to the
tenant, someone of suitable age and discretion at the premises, or
under the usual entry door of the premises.  
   (C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.  
   (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. 
   (3)  (A)    Upon receipt of written
notification, the tenant may  sign a waiver  
agree in writing, or if notification was electronically delivered,
the tenant may agree through electronic delivery,  to allow the
landlord or authorized agent to apply a pesticide  immediately or
 at an agreed upon  time within 24 hours. 
 time.  
   (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.  
   (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.  
   (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.  
   (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.
 
   (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. 
   (c) (1)  If a   A  landlord or
authorized agent  that  applies any pesticide to a common
area without a licensed  structural  pest control
operator,  the landlord or authorized agent  
excluding routine pesticide applications described in subdivision
(d),  shall post written notice in a conspicuous place in the
common area in which a pesticide is to be applied that 
contains, in nontechnical language and in clear and coherent manner,
the following information:   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  (telephone number).   (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
 (telephone number)."   (916-324-4100). 
 " 

   (D) The approximate date, time, and frequency with which the
pesticide will be applied.
   (2) (A) The notice shall be posted  at least 24 hours
 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  the 24-hour  
notification  prior  notice requirements of 
 to the pesticide application required in  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. 
   (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:  
   (A) First-class mail.  
   (B) Personal delivery to the tenant, someone of suitable age and
discretion at the premises, or under the usual entry door of the
premises.  
   (C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.  
   (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.  
   (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.
 
   (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:  
   (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 schedule pursuant to which the pesticide will be routinely
applied.  
   (2) (A) The landlord or authorized agent shall provide the notice
to both of the following:  
   (i) Existing tenants prior to the initial pesticide application.
 
   (ii) Each new tenant prior to entering into a lease agreement.
 
   (B) The landlord or authorized agent shall provide the notice to
the tenant in at least one of the following ways:  
   (i) First-class mail.  
   (ii) Personal delivery to the tenant, someone of suitable age and
discretion at the premises, or under the usual entry door of the
premises.  
   (iii) Electronic delivery, if an electronic mailing address has
been provided by the tenant.  
   (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.  
   (C) If the pesticide to be used is changed, a landlord or
authorized agent shall provide a new notice pursuant to paragraph
(1).  
   (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.
 
   (d) 
    (e)  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. 
   (e) 
    (f)  Nothing in this section authorizes a landlord or
authorized agent to enter a tenant's dwelling unit in violation of
Section 1954. 
   (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.