BILL ANALYSIS Ó
SENATE JUDICIARY COMMITTEE
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
SB 328 (Hueso)
Version: May 4, 2015
Hearing Date: May 12, 2015
Fiscal: No
Urgency: No
TH
SUBJECT
Landlords: Notice of Pesticide Use
DESCRIPTION
This bill would require the landlord or the landlord's agent to
provide a tenant, and any tenant of adjacent units, 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 would
require 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 be posted as soon as practicable, but not
later than one hour after the pesticide is applied.
BACKGROUND
According to the American Association of Poison Control Centers,
Americans placed over 3 million calls to poison control centers
in 2013, the most recent year for which data is available.
(American Association of Poison Control Centers, 2013 Annual
Report of the American Association of Poison Control Centers'
National Poison Data System
[as of May 10, 2015].) 2.2 million of these
calls involved cases where people came into contact with
dangerous or potentially dangerous substances. Poison control
centers handled over 85 thousand calls regarding potential
exposure to pesticides in 2013, placing pesticide-related calls
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within the top ten categories of calls received that year. For
adults over 19 years old, pesticide exposure was among the top 5
reported human exposure substance categories. (American
Association of Poison Control Centers, Poison Center Data
Snapshot - 2013 [as of May
10, 2015].) Given that 93 percent of human exposures reported
to poison control centers occurred at a residence, and that
approximately 78 million U.S. households use some kind of
pesticide, it is likely that most pesticide-related calls to
poison control involve pesticides used in or near the home.
(See U.S. Environmental Protection Agency (U.S. EPA), Pesticide
Industry Sales and Usage: 2006 and 2007 Market Estimates (Feb.
2011)
[as of May 10, 2015].)
In its Citizen's Guide to Pest Control and Pesticide Safety, the
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. No special
training is required to use these pesticides. Yet, many of
the products can be hazardous to people, especially when
stored, handled, applied, or disposed of improperly. The
results achieved by using chemical pesticides are generally
temporary, and repeated treatments may be required. Over
time, some pests become pesticide resistant, meaning they
adapt to the chemical and are no longer harmed by it. This
forces you to choose another product or method. If used
incorrectly, home-use pesticide products can be poisonous to
humans. (U.S. EPA, Citizen's Guide to Pest Control and
Pesticide Safety (Mar. 2005)
[as of May 10, 2015].)
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. This bill would require
landlords or their agents to provided tenants with advance
written notice of the use of pesticides at a dwelling unit at
least 24 hours prior to their application if the landlord or
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agent applies any pesticide without a licensed structural pest
control operator.
CHANGES TO EXISTING LAW
Existing law regulates the terms and conditions of residential
tenancies and generally requires a landlord to keep a rental
unit in a condition fit for occupancy. (Civ. Code Sec. 1940 et
seq.)
Existing law creates an implied covenant of quiet enjoyment in
every lease, requiring that the tenant shall not be disturbed in
his or her possession by the landlord. (Civ. Code Sec. 1927;
Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)
Existing law provides that any building or portion thereof
including any dwelling unit, guestroom or suite of rooms, in
which there 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.)
Existing law 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.)
Existing law 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.)
Existing law 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.)
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Existing law 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.)
Existing regulations require registered structural pest control
operators to 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 4 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.)
This bill would require a landlord or authorized agent that
applies any pesticide to a dwelling unit without a licensed
structural pest control operator to provide, at least 24 hours
prior to application of the pesticide, a tenant of that dwelling
unit and a tenant in each neighboring dwelling unit that could
reasonably be impacted by the pesticide use with written notice.
This bill would require a landlord or authorized agent that
applies any pesticide to a common area without a licensed
structural pest control operator to post, at least 24 hours
prior to application of the pesticide and at least 24 hours
after the pesticide is applied, written notice in a conspicuous
place in the common area in which a pesticide is to be applied.
This bill would specify that the written notices referenced
above must contain, in nontechnical language and in a clear and
coherent manner, the following statements and information:
the pest or pests to be controlled;
the name and brand of the pesticide product proposed to be
used;
a statement which, among other things, provides
"CAUTION-PESTICIDES ARE TOXIC CHEMICALS." The statement must
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also include notice regarding possible symptoms of illness,
and various persons to contact for further information;
the approximate date, time, and frequency with which the
pesticide will be applied; and
for pesticides applied in a dwelling unit, a notification
stating "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."
This bill would provide that upon receipt of written
notification, the tenant may sign a waiver to allow the landlord
or authorized agent to apply a pesticide to a dwelling unit at
an agreed upon time within 24 hours.
This bill would state that if the pest poses an immediate threat
to health and safety, thereby making compliance with the 24-hour
prior notice requirement for application of a pesticide in a
common area 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.
This bill would also specify that it neither abrogates the
responsibility of a registered structural pest control company
to abide by specified notification requirements, nor authorizes
a landlord or authorized agent to enter a tenant's dwelling unit
in violation of existing law.
COMMENT
1.Stated need for the bill
The author writes:
Current law requires that a tenant be notified when a
registered pest management professional is going to
potentially expose them to pesticides. However, such
notification is not required when a landlord or property
manager applies over-the-counter pesticides on their own,
leaving tenants without any information about their exposure
to pesticides. As a result, tenants have no way to protect
their families from these harmful toxins.
SB 328 would require landlords that apply pesticide products
to their properties to provide tenants with prior notification
of the pest being treated, the product being used, and basic
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health and safety information, including symptoms to look for
and phone numbers to local poison control centers. Landlords
already must get consent from tenants to enter their units.
Adding this notification to the existing landlord-tenant
communication process when pesticides are being applied will
standardize the information shared and ensures tenants are
fully aware of the pesticide products used in their homes.
2.Recent Policy on Notification
In recent years, the Legislature has expanded the breadth of
notice both registered pest control operators and others must
give to affected communities regarding the application of
pesticides. For example, the Healthy Schools Act of 2000 (AB
2260 (Shelley, Ch. 718, Stats. 2000)) required school sites to
begin giving annual notices regarding pesticide use at schools
to both staff and the parents and guardians of enrolled pupils.
Similarly, SB 2143 (Bowen, Ch. 234, Stats. 2000) required
landlords to provide tenants with copies of notices provided by
registered structural pest control operators when the landlord
contracts for periodic pest control service.
This bill follows that recent trend of providing affected
communities with notice prior to the application of pesticides
in their surroundings. It would help tenants better understand
the harms associated with chemicals being used in their
residences, and would give them advance warning to take
precautionary measures as necessary to protect residents with
chemical sensitivities or pesticide related health problems.
While the pesticides used by landlords and their agents likely
differ in strength and toxicity to those used by structural pest
control operators, this bill would close a gap in existing law
that requires tenants be given prior notice of pesticide
application by the latter and not the former. Writing in
support, the California Association of Code Enforcement Officers
states:
The Environmental Protection Agency has concluded that nearly
three quarters of American households use pesticides in the
home in any given year. This is a matter of utmost
seriousness, since pesticides have been linked to damage to
the central nervous system, respiratory issues, as well as
birth defects and cancers. These heath issues are exacerbated
when pesticide use takes place where children are in the
dwelling.
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Senate Bill 328 is rooted in the solid premise that the most
effective way to reduce pesticide health hazards is to take
precautions to avoid pesticide exposure. In that connection
it is axiomatic that tenants should be given notice concerning
pesticide application in their home, which, in turn, [gives]
them the opportunity to take precautions once armed with that
knowledge. This is sound policy and is reflected in a portion
of current law.
3.Opposition Concerns
Several stakeholders have raised implementation concerns with
this bill in its current form. The California Association of
Realtors (CAR) objects to the breadth of the notice requirement
in this bill as compared to that required of structural pest
control operators under existing law. CAR requests narrowing
the notification in this bill to parallel that required of
structural pest control operators, which would have the effect
of eliminating the requirement for landlords and their agents to
provide notice regarding the approximate date, time, and
frequency with which pesticides will be applied.
The Apartment Association of Greater Los Angeles and the Santa
Barbara Rental Property Association suggest that the bill in its
current form "suffers from some confusing definitional
requirements" and state that it "actually prohibits property
owners from ridding a kitchen of a recently reported ant
infestation without a 24-hour prior notice and an okay to enter
the unit to treat the infestation." They also note that "the
bill's prescription for warning residents of the content of
commercially available pest-control products already appear on
the products themselves, as required by federal and state law,"
and that "the disclosure requirements of SB 328 exceed even
those required of professional pest-control operators."
Finally, the California Apartment Association (CAA) states that
the definition of pest and pesticides in the bill may be too
broad, potentially capturing such things as anti-bacterial
products, homemade bleach solutions, and mold. CAA also notes
potential ambiguity in the bill concerning the required notice,
waiver of the 24-hour notification period for pesticide
applications in a dwelling unit, and the meaning of specific
words such as "non-technical."
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Support : Black Women for Wellness; Breast Cancer Action;
California Healthy Nail Salon Collaborative; California Rural
Legal Assistance Foundation; California Pan-Ethnic Health
Network; Californians for a Healthy and Green Economy; Center
for Environmental Health; Clean Water Action; Coalition for
Clean Air; Environmental Working Group; Healthy Homes
Collaborative; Instituto de Educacion Popular del Sur de
California; Oakland Tenants Union; Pacoima Beautiful; Pest
Control Operators of California; Pesticide Action Network North
America; Physicians for Social Responsibility - LA; San
Francisco Asthma Task Force; San Francisco Bay Area Physicians
for Social Responsibility; SoCalCOSH; Society for Allergy
Friendly Environment; Unquilinos Unidos/United Tenants; Western
Center on Law & Poverty; one individual
Opposition : Apartment Association of Greater Los Angeles;
California Apartment Association; California Association of
Realtors; Educational Community for Homeowners; Santa Barbara
Rental Property Association
HISTORY
Source : California Association of Code Enforcement Officers;
Regional Asthma Management and Protection
Related Pending Legislation : None Known
Prior Legislation :
SB 1167 (Hueso, Ch. 81, Stats. 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. This 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 1411 (Jackson, 2014) would have authorized county
agricultural commissioners to adopt regulations to prohibit the
use of any pesticide within one-quarter mile of a school, and
would have required schools and other specified sites within
one-quarter mile of planned pesticide application be notified in
writing in advance. This bill would have required the placement
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of signs in agricultural fields that include the name of the
pesticide, date and time of any restricted entry interval, and
the telephone numbers of the commissioner and pesticide
applicator. This bill died in the Senate Agriculture Committee.
SB 2143 (Bowen, Ch. 234, Stats. 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. This bill
specified that the required notice contain information about the
frequency of treatment if a contract for periodic pest control
has been executed.
AB 2260 (Shelley, Ch. 718, Stats. 2000) established the Healthy
Schools Act of 2000. This bill required that the preferred
method of managing pests at schoolsites be effective least toxic
pest management practices, required each schoolsite to maintain
records of all pesticide use at the schoolsite for a period of 4
years and make the records available to the public upon request,
and required, on an annual basis, the school district to provide
to all staff and parents or guardians of pupils enrolled at a
school written notification addressing, among other things,
expected pesticide use.
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