BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  July 14, 2015


                           ASSEMBLY COMMITTEE ON JUDICIARY


                                  Mark Stone, Chair


          SB  
          328 (Hueso) - As Amended May 4, 2015


                              As Proposed to be Amended


          SENATE VOTE:  23-15


          SUBJECT:  LANDLORDS: NOTICE OF PESTICIDE USE


          KEY ISSUE:  should tenants in rental property, In order to  
          maximize their opportunity to protect themselves, their pets,  
          and their families from health problems associated with exposure  
          to pesticides, be entitled to notification of pesticide use in  
          or around their residence, whether the landlord applies the  
          pesticides himself, or hires a licensed pest control operator to  
          Apply them?


                                      SYNOPSIS


          Existing law requires that a tenant be provided with a specified  
          written notification prior to pesticide treatment when a  
          licensed pest control operator (PCO) is going to administer the  
          treatment and potentially expose the tenant and his family to  
          pesticides.  The author notes that such notification is not  








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          required, however, 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, in those situations, tenants lack information and are  
          less able to protect their families from potentially harmful  
          pesticide exposure.

          This bill, sponsored by Regional Asthma Management and  
          Protection and the California Association of Code Enforcement  
          Officers, seeks to fix this discrepancy and ensure that tenants  
          receive the same useful notification of pesticide use in and  
          around their residences whether the landlord applies the  
          treatment himself, or hires a licensed PCO to do so.   
          Specifically, this bill requires a landlord or authorized agent  
          who applies a pesticide to a dwelling unit without a licensed  
          pest control operator to provide tenants of that unit with a  
          specified written notice, in most cases, with 24 hours advance  
          notice.  The bill also requires the landlord, if making a  
          broadcast application or using total release foggers or aerosol  
          spray, to provide the same notice to any tenant in an adjacent  
          dwelling unit that could reasonably be impacted by the pesticide  
          use.  As proposed to be amended, the bill allows the tenant,  
          prior to receiving the written notice prescribed by the bill, to  
          enter into an oral agreement with the landlord for immediate  
          pesticide application if the tenant requests that the pesticide  
          be applied before 24-hour advance notice can be given.  In  
          addition, the proposed amendments require the landlord or  
          authorized agent to provide tenants in adjacent units with the  
          prescribed 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.  With these amendments allowing flexibility for  
          immediate pesticide treatment and adjusting corresponding notice  
          requirements, all of the apartment associations who had  
          expressed concerns have removed their opposition and are  
          believed to be neutral on the bill.

          Among other things, the proposed amendments also narrow the  
          scope of the bill with respect to its application to rental  








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          property within community interest developments (CIDs).  As  
          proposed to be amended, the bill clarifies that it is not  
          intended to apply to common areas in non-CID rental properties,  
          and more specifically, shall not be construed to require any  
          landlord, agent or homeowner's association to provide notice of  
          pesticide use in common areas within a community interest  
          development.  With these amendments, homeowner associations and  
          CID managers who had expressed concerns with the bill do not  
          oppose, and as proposed to be amended, the bill no longer has  
          any known opposition.

          SUMMARY:  Requires landlords of residential rental property to  
          provide to tenants, including in some cases neighboring tenants  
          in adjacent units, specified written notice of and information  
          about the use of pesticides inside a dwelling unit or in the  
          common areas of the rental property, if the landlord seeks to  
          apply the pesticide without a licensed pest control operator.   
          Specifically, this bill:   


          1)Requires a landlord or authorized agent that applies a  
            pesticide to a dwelling unit without a licensed pest control  
            operator to provide tenants of that unit with a specified  
            written notice (described below).  Further requires the  
            landlord, if making a broadcast application (as defined) or  
            using total release foggers or aerosol spray, to provide the  
            same notice to any tenant in an adjacent dwelling unit that  
            could reasonably be impacted by the pesticide use.


          2)Requires the landlord or authorized agent to provide the above  
            notice at least 24 hours prior to application, to both the  
            tenant of the dwelling unit as well as any tenants in adjacent  
            units that, in certain circumstances, are required to be  
            notified.  


          3)Provides that whenever the written notification required by  
            this bill must be provided to appropriate tenants, it may be  








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            provided in at least one of the following methods:  a) first  
            class mail; b) personal delivery, as specified; c) electronic  
            delivery, if the tenant has provided one; and d) written  
            notice posted in a conspicuous place at the unit entry in a  
            manner in which a reasonable person would discover the notice.


          4)Requires the written notice above to contain the following  
            statements and information using words with common and  
            everyday meaning:


             a)   The pest to be controlled;


             b)   The pesticide or pesticides proposed to be used, and the  
               active ingredient or ingredients;


             c)   A statement which, among other things, reads  
               "CAUTION-PESTICIDES ARE TOXIC CHEMICALS"  and that gives  
               notice regarding possible symptoms of illness, and various  
               authorities to contact for further information;


             d)   The approximate date, time, and frequency with which the  
               pesticide will be applied, plus a disclaimer that the date,  
               time, or frequency is subject to change.


          5)Allows the tenant, upon receipt of the above notice, to sign a  
            written waiver to agree to allow the landlord or authorized  
            agent to apply a pesticide immediately or at an agreed upon  
            time.


          6)Allows the tenant, prior to receiving the above notice, to  
            agree orally with the landlord or authorized agent to an  
            immediate pesticide application if a tenant requests that the  








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            pesticide be applied before 24-hour advance notice can be  
            given.  Provides that the oral agreement shall include the  
            name and brand of the pesticide product proposed to be used.


          7)With respect to a tenant entering into an oral agreement for  
            immediate pesticide application, requires the landlord or his  
            authorized agent, no later than the time of pesticide  
            application, to leave the written notice 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.


          8)With respect to any tenants in adjacent dwelling units who  
            must also be notified of pesticide treatment in their  
            neighbors' adjacent unit, requires the landlord or authorized  
            agent to provide those tenants with such 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.


          9)Clarifies these provisions should not be construed to require  
            a homeowner's association to provide notice of pesticide use  
            in a separate interest dwelling unit within a common interest  
            development, except in cases where the association has taken  
            title to the separate interest and is renting out the premises  
            in the shoes of a landlord.


          10)Requires a landlord or authorized agent that applies a  
            pesticide to a common area of the property without a licensed  
            pest control operator to post a specified written notice in a  
            conspicuous place in the common area in which a pesticide is  
            to be applied.  Further requires the notice to be posted  
            before a pesticide is applied in a common area and to remain  
            posted for at least 24 hours after the pesticide is applied.









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          11)Provides that if the pest poses an immediate threat to health  
            and safety, necessitating immediate treatment, then the  
            written notice must be posted by the landlord or his agent as  
            soon as practicable, but not later than one hour after the  
            pesticide is applied.


          12)Requires a landlord or authorized agent that routinely  
            applies a pesticide in a common area of the property on a set  
            schedule without a licensed pest control operator to post a  
            specified written notice, including:


             a)   The pest to be controlled;


             b)   The pesticide or pesticides proposed to be used, and the  
               active ingredient or ingredients;


             c)   A statement which, among other things, reads  
               "CAUTION-PESTICIDES ARE TOXIC CHEMICALS"  and that gives  
               notice regarding possible symptoms of illness, and various  
               authorities to contact for further information;


             d)   The schedule which the pesticides will be routinely  
               applied.


          13)Requires the above notice to be provided to existing tenants  
            prior to the initial pesticide application as well as each new  
            tenant prior to entering into a lease agreement, and requires  
            a new notice to be provided if the pesticide to be used is  
            changed.


          14)Clarifies that this bill shall not be construed to require  








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            any landlord, agent or homeowner's association to provide  
            notice of pesticide use in common areas within a community  
            interest development.


          15)Clarifies that nothing in this bill authorizes a landlord or  
            his authorized agent to enter a tenant's dwelling unit in  
            violation of tenant protections under Civil Code Section 1954.


          16)States that if a tenant is provided notice under this  
            section, a landlord or his authorized agent is not required to  
            provide additional information, and the information shall be  
            deemed to be adequate to inform the tenant regarding the  
            application of pesticides.


          EXISTING LAW:   


          1)Regulates the terms and conditions of residential tenancies  
            and generally requires a landlord to keep a rental unit in a  
            condition fit for occupancy.  (Civil Code Section 1940 et  
            seq.)


          2)Provides that any building or portion thereof, including any  
            dwelling unit, shall be deemed to be a substandard building if  
            certain specified conditions exist to an extent that it  
            endangers the life, limb, health, property, safety, or welfare  
            of the public or the occupants thereof.  With respect to  
            inadequate sanitation, these conditions include, among other  
            things:


             a)   Infestation of insects, vermin, or rodents as determined  
               by a health officer or a code enforcement officer, as  
               provided.









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             b)   General dilapidation or improper maintenance.  (Health  
               and Safety Code Section 17920.3.)


          3)Requires a registered structural pest control company to  
            provide the owner, or owner's agent, and tenant of the  
            premises for which work is to be done with clear written  
            notice, as specified, at least 48 hours prior to application  
            of pesticides, except as provided.  Further requires this  
            notice to contain the following statements and information  
            using words with common and everyday meaning:


             a)   The pest to be controlled;


             b)   The pesticide or pesticides proposed to be used, and the  
               active ingredient or ingredients;


             c)   A statement which, among other things, provides  
               "CAUTION-PESTICIDES ARE TOXIC CHEMICALS"  and that also  
               includes notice regarding possible symptoms of illness, and  
               various persons to contact for further information; 


             d)   If a contract for periodic pest control has been  
               executed, the frequency with which the treatment is to be  
               done.  (Business & Professions Code Section 8538.)


          1)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.  (Civil Code Section 1940.8.)










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          2)Pursuant to existing regulations, requires 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.  (16 Cal. Code Reg. Sec.  
            1970.4.)


          3)Pursuant to existing regulations, provides 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.)


          FISCAL EFFECT:  As currently in print this bill is keyed  
          non-fiscal.


          COMMENTS:  According to the author:


               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  








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               prior notification of the pest being treated, the product  
               being used, and basic 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.

          The California Association of Code Enforcement Officers,  
          co-sponsor of the bill, 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.  SB 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.

          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  








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          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.  The written notification provided by  
          this bill would help ensure that tenants in rental property  
          better understand the harms associated with chemicals being used  
          in and around 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 when carried out by the latter  
          but not the former.  Proposed technical amendments by the author  
          further align the written notification and methods of service  
          prescribed by this bill with similar notice requirements in  
          existing law (Business and Professions Code Section 8538) that  
          applies to treatments carried out by pest control operators.

          Proposed amendments narrow the scope of the bill with respect to  
          property within a common interest development.  According to the  
          author, this bill is crafted to ensure tenants in residential  
          rental property are notified of pesticide use, usually with  
          24-hour advance notice, if possible, whenever pesticides are to  
          be applied in their dwelling unit, in an adjacent dwelling unit  
          of another tenant, or in the common areas of the property.   
          Because tenants already are supposed to receive such  
          notification when the pesticide treatment is administered by a  
          licensed pest control operator (PCO), this bill simply seeks to  
          have the same notice provided when the pesticide treatment is  
          carried out by the landlord or his authorized agent (e.g. a  
          property manager), oftentimes using the same commercially  
          available pesticide products used by PCOs for ordinary  
          residential pest problems.  

          In order to accomplish this worthy objective, the bill amends  








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          the chapter of the Civil Code that outlines the rights and  
          responsibilities of parties who have entered into a  
          landlord-tenant relationship.  (Chapter 2 of Title 5 of Part 4  
          of Division 3 of the Civil Code, commencing with Section 1940.)   
          Because this chapter of the Civil Code governs the  
          landlord-tenant relationship, it applies regardless of whether  
          the property itself lies within a community interest development  
          (CID) or not.  

          CIDs are multi-unit communities characterized by the following:  
          (1) separate ownership of individual residential units coupled  
          with an undivided interest in common property; (2) covenants,  
          conditions, and restrictions (CC&Rs) that limit the use of both  
          separate interests and common property; and (3) management of  
          common property and enforcement of restrictions by a homeowner's  
          association (HOA).  The Davis-Stirling Act (commencing at Civil  
          Code Section 4000) sets forth general rules governing common  
          interest developments.  It should be noted that CIDs are an  
          increasingly popular form of housing in California today, and  
          that many homeowner associations (HOA) allow owners of separate  
          interests to rent to tenants under their CC&Rs.

          With respect to pesticide treatment inside a dwelling unit, the  
          bill is clear that its provisions apply to landlords and tenants  
          in all residential rental property, whether or not the unit is  
          within an apartment building or within a CID.  With respect to  
          pesticide treatment in common areas of the property, however,  
          the scope of the bill's requirements are not as clear for two  
          reasons.  First, in the CID context, the common areas are  
          generally under the control of the board of the HOA and the  
          management, not the "landlord" who in this case is an owner of a  
          separate interest renting his individual unit to a tenant.   
          Second, in the context of a separate interest dwelling unit  
          being rented by the owner to a tenant, the adjacent units are  
          typically occupied by other owners of separate interests in the  
          CID, and not occupied by other tenants of the same landlord, as  
          they ordinarily are in a multiunit apartment building.  These  
          distinctions create some ambiguities in the CID context for  
          provisions of this bill that require a landlord to provide  








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          notice when causing common areas to be treated with pesticide,  
          or to provide notification to tenants in adjoining units when  
                                        treating inside a particular dwelling unit for pests.

          As proposed to be amended, the author seeks to clarify that this  
          bill shall not be construed to require any landlord, agent or  
          homeowner's association to provide notice of pesticide use in  
          common areas within a community interest development.  In  
          addition, proposed author's amendments clarify these provisions  
          should not be construed to require a HOA to provide notice of  
          pesticide use inside a separate interest dwelling unit within a  
          CID, except in cases where the association has taken title to  
          the separate interest and is renting out the premises-thus  
          essentially acting as a landlord to the renter of the unit.   
          Finally, although it is not expressly clarified in the bill, the  
          provisions that require the landlord to provide "tenants in  
          adjacent dwelling units" with notification as soon as  
          practicable after an oral agreement is made authorizing  
          immediate pesticide application in a particular dwelling unit  
          cannot be said to apply in the CID context-because the occupants  
          of adjacent units in the CID are generally not "tenants" of the  
          landlord/owner who would have such duty under the bill; instead  
          they are fellow owners of separate interests in the CID.

          According to the author, these proposed author's amendments are  
          not an endorsement of any principle that residents of CIDs do  
          not deserve to be notified of pesticide treatment in adjoining  
          units or common areas of the CID.  Instead, the author  
          recognizes the limitations of the current bill with respect to  
          these issues in the CID context, and that the best approach for  
          future legislation to properly address these issues is to amend  
          the Davis-Stirling Act with more careful input and consideration  
          than could be achieved in this bill at this time.  In short, the  
          proposed author's amendments taken together clarify that the  
          scope of the bill is limited to: (1) the landlord-tenant context  
          for all pesticide use on non-CID rental property, and (2) in a  
          CID property, only with respect to the landlord's responsibility  
          to notify his particular tenant or tenants of pesticide use  
          within the separate interest, but not to notify adjacent units  








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          occupied by other owners of separate interests.  

          Proposed author's amendments to allow oral agreement for  
          immediate pesticide treatment.  As currently in print, the bill  
          permits a tenant, upon receiving the written notification of  
          upcoming pesticide use required by this bill, to sign a written  
          waiver allowing the landlord or authorized agent to apply a  
          pesticide at an agreed upon time within 24 hours.  In response  
          to concerns raised by apartment associations that this rule  
          would prevent landlords from responding to tenant's requests for  
          immediate treatment of pest problems because of the mandatory  
          24-hour advance notice period, the author and apartment  
          associations engaged in negotiations to increase flexibility of  
          the rule.

          The author now proposes to amend the bill to allow the tenant,  
          prior to receiving the written notice prescribed by the bill, to  
          enter into an oral agreement with the landlord for immediate  
          pesticide application if the tenant requests that the pesticide  
          be applied before 24-hour advance notice can be given.  In such  
          cases, the proposed amendments still require the oral agreement  
          to include the name and brand of the pesticide product proposed  
          to be used, because this is important information that the  
          tenant should have before the pesticide treatment is carried out  
          so that he or she can take necessary precautions, request a  
          different type of treatment, or request to have the treatment  
          later in time rather than immediately or within the same day as  
          the oral agreement.

          The author's proposed amendments also attempt to strike a  
          balance with respect to the rights of tenants in adjacent  
          dwelling units who under the bill would ordinarily also be  
          notified of pesticide treatment in their neighbors' adjacent  
          unit when that treatment involves either broadcast applications,  
          total release foggers or aerosol sprays (i.e. types of  
          treatments that are most likely to permeate or travel through  
          air, affecting neighbors.)  Proponents of the bill were  
          concerned that an oral agreement for immediate treatment by the  
          individual tenant experiencing a pest problem should not result  








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          in the complete waiver of advance notification to neighboring  
          tenants that they would otherwise receive if the treatment were  
          scheduled for the next day, rather than on the same day of the  
          request for treatment.  

          As proposed to be amended, the bill now requires the landlord or  
          authorized agent to provide tenants in adjacent units with the  
          prescribed 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. While neighboring tenants in such cases will not be  
          guaranteed 24-hour advance notice, they still will be provided  
          with the notice rather than none at all, and the landlord must  
          provide such notice as soon as practicable after the triggering  
          oral agreement is made.  For some tenants who are not home at  
          all during the day, they may arrive home at night to discover  
          the notice informing them that an immediate treatment was  
          requested and completed earlier that day while they were away.   
          For tenants who were home all day, the provision of the notice  
          as early as it could practicably be given may still be  
          beneficial by providing several hours of advance notice to take  
          precautions if necessary, rather than receiving no notice at all  
          until the treatment is already administered.  With these  
          proposed author's amendments allowing flexibility for immediate  
          pesticide treatment and adjusting corresponding notice  
          requirements, all of the apartment associations who had  
          expressed concerns have removed their opposition and are neutral  
          on the bill as proposed to be amended.

          Proposed author's amendments tailor notice requirements for  
          pesticide treatment of common areas, including one-time and  
          routine treatments.  As currently in print, the bill requires a  
          landlord or authorized agent that applies a pesticide to a  
          common area of the property without a licensed pest control  
          operator to post a specified written notice in a conspicuous  
          place in the common area in which a pesticide is to be applied.   
          The bill also requires the notice to be posted at least 24 hours  
          before a pesticide is applied in a common area, and to remain  
          posted for at least 24 hours after the pesticide is applied.   








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          Apartment associations expressed initial concerns that this rule  
          would burden landlords by requiring excessively frequent new  
          notification, for example, when weed killers (an herbicide and  
          form of pesticide) were administered to common area lawns on a  
          regularly scheduled basis without the involvement of a licensed  
          PCO.

          In order to address these concerns, the author now proposes  
          amendments to differentiate between one-time pesticide treatment  
          in a common area and routinely scheduled pesticide applications,  
          such as regular lawn and garden maintenance involving weed  
          killers or other herbicides that fall under the bill's  
          definition of pesticides.  As proposed to be amended, the notice  
          to tenants for routine application of pesticides to a common  
          area would include the standard information in the notice  
          prescribed by the bill, in addition to the schedule by which the  
          pesticides will be routinely applied.  The proposed amendments  
          also require the landlord or his agent to provide the notice to  
          existing tenants prior to the initial pesticide application, and  
          then to each new tenant prior to entering into a lease  
          agreement.  Furthermore, a new notification would be required to  
          be provided if the chosen pesticide were to change, so that  
          tenants would be receiving correct and updated information about  
          the pesticide products being used.

          As previously discussed, the proposed amendments also clarify  
          that the bill is narrow in scope and only intended to apply to  
          common areas in non-CID rental properties.  As proposed to be  
          amended the bill shall not be construed to require any landlord,  
          agent or homeowner's association to provide notice of pesticide  
          use in common areas within a community interest development.   
          Although arguably less than ideal from a health policy  
          standpoint, the narrower scope of the bill allows the author and  
          apartment associations to have a consensus agreement with  
          respect to non-CID property, and preserves the issue for  
          pesticide notification in common areas of CIDs for future  
          legislation.

          ARGUMENTS IN SUPPORT:  This bill is supported by a broad  








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          coalition of public health advocates, clean air advocates, and  
          legal aid and tenant advocates, among others.  The California  
          Pan-Ethnic Health Network (CPEHN), writing in support, reflects  
          the common arguments made in support of the bill:

               Pests and vermin are far too common problems for  
               tenants in California. They have significant physical  
               and mental impacts on residents. However, the  
               pesticides often used to address a pest problem pose  
               significant health risks of their own. Tenants should  
               be afforded the right to know about pesticide  
               applications in their homes and the opportunity to take  
               precautionary measures that come with that knowledge.  
               Currently, such notifications is only required when  
               landlords hire a licensed pest control professional.  
               However, we know that in many cases, owners and  
               property managers attempt to manage pests on their own  
               through the use of store-bought pesticides. In these  
               cases, there are no requirements that tenants be  
               notified.


               By requiring landlords and property managers to notify  
               tenants of any do-it-yourself pesticide use, SB 328  
               would ensure that tenants have the right to know about  
               the pesticides used in their homes, and are given the  
               opportunity to take steps to avoid unwanted pesticide  
               exposure independent of who is applying the pesticides.  
               We strongly support this effort to protect tenants'  
               health and help create healthier housing in communities  
               across the state. 


          REGISTERED SUPPORT / OPPOSITION:




          Support








                                                                     SB 328


                                                                    Page  18







          Regional Asthma Management and Protection (co-sponsor)


          California Association of Code Enforcement Officers (co-sponsor)


          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








                                                                     SB 328


                                                                    Page  19







          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 - Los Angeles


          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











                                                                     SB 328


                                                                    Page  20






          Opposition


          None on file




          Analysis Prepared by:Anthony Lew / JUD. / (916)  
          319-2334