BILL ANALYSIS                                                                                                                                                                                                    Ó




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          |SENATE RULES COMMITTEE            |                        SB 328|
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                                UNFINISHED BUSINESS 


          Bill No:  SB 328
          Author:   Hueso (D)
          Amended:  8/17/15  
          Vote:     21  

           SENATE JUDICIARY COMMITTEE:  5-2, 5/12/15
           AYES:  Jackson, Hertzberg, Leno, Monning, Wieckowski
           NOES:  Moorlach, Anderson

           SENATE FLOOR:  23-15, 6/2/15
           AYES:  Allen, Beall, Block, De León, Hall, Hancock, Hernandez,  
            Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu,  
            McGuire, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski,  
            Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Galgiani, Glazer, Huff, Moorlach, Morrell, Nielsen, Runner,  
            Stone, Vidak
           NO VOTE RECORDED:  Mendoza, Nguyen

           ASSEMBLY FLOOR:  78-0, 8/20/15 - See last page for vote

           SUBJECT:   Landlords: notice of pesticide use


          SOURCE:    California Association of Code Enforcement Officers 
                     Regional Asthma Management and Protection


          DIGEST:  This bill requires a landlord or a landlords agent to  
          provide affected tenants with advance written notice of the use  
          of pesticides at a dwelling unit if the landlord or authorized  
          agent applies any pesticide without a licensed pest control  
          operator.  This bill requires the posting of a similar notice at  
          least 24 hours prior to applying a pesticide in a common area  
          without a licensed pest control operator, unless the pest poses  








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          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.




          Assembly Amendments exclude antimicrobial pesticides from the  
          scope of the bill, require advance notification to tenants of  
          routine pesticide application pursuant to a schedule in common  
          areas prior to initial application, and make other technical and  
          clarifying changes.


          ANALYSIS:   


          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.  (Civ. Code Sec. 1940  
              et seq.)

            2)  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.)

            3)  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.)

            4)  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.)








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            5)  Specifies that the notice described above shall contain  
              the following statements and information using words with  
              common and everyday meaning:

                     the pest to be controlled;
                     the pesticide or pesticides proposed to be used, and  
                 the active ingredient or ingredients;
                     a statement which, among other things, provides  
                 "CAUTION-PESTICIDES ARE TOXIC CHEMICALS."  The statement  
                 must also include notice regarding possible symptoms of  
                 illness, and various persons to contact for further  
                 information; and
                     if a contract for periodic pest control has been  
                 executed, the frequency with which the treatment is to be  
                 done.  (Bus. & Prof. Code Sec. 8538.)

            1)  States that the notice described above shall be provided  
              at least 48 hours prior to application of pesticides, except  
              as provided.  (Bus. & Prof. Code Sec. 8538.)

            2)  Requires a landlord of a residential dwelling unit to  
              provide each new tenant that occupies the unit with a copy  
              of the notice provided by a registered structural pest  
              control company if a contract for periodic pest control  
              service has been executed.  (Civ. Code Sec. 1940.8.)

            3)  Requires, by regulation, 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 states 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, the manager's  
              apartment, in all laundry rooms, and community rooms.  (16  








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              Cal. Code Reg. Sec. 1970.4.)

           This bill:


            1)  Requires a landlord or authorized agent that applies any  
              pesticide to a dwelling unit without a licensed pest control  
              operator to provide a tenant of that dwelling unit and, if  
              making broadcast applications, or using total release  
              foggers or aerosol sprays, any tenant in an adjacent  
              dwelling unit that could reasonably be impacted by the  
              pesticide use with written notice that contains the  
              following statements and information using words with common  
              and everyday meaning: 


                     the pest or pests to be controlled;
                     the name and brand of the pesticide product proposed  
                 to be used; 
                     the approximate date, time, and frequency with which  
                 the pesticide will be applied; and
                     a specified statement regarding the toxicity of  
                 pesticides. 

            1)  Requires, at least 24 hours prior to application of the  
              pesticide to the dwelling unit, that the landlord or  
              authorized agent provide notice to the tenant of the  
              dwelling unit, as well as any tenants in adjacent units that  
              are required to be notified, in at least one of the  
              following ways:


                     first-class mail;
                     personal delivery to the tenant, someone of suitable  
                 age and discretion at the premises, or under the usual  
                 entry door of the premises;
                     electronic delivery, if an electronic mailing  
                 address has been provided by the tenant; or
                     posting a written notice in a conspicuous place at  
                 the unit entry in a manner in which a reasonable person  
                 would discover the notice.









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            1)  Authorizes the landlord or authorized agent, with the  
              consent of the tenant, to apply a pesticide less than 24  
              hours after giving notice of intent to apply pesticides.


            2)  Requires a landlord or authorized agent that applies any  
              pesticide to a common area without a licensed pest control  
              operator, except as provided, to post written notice in a  
              conspicuous place in the common area in which a pesticide is  
              to be applied, or to provide written notice to all tenants,  
              that contains the following statements and information using  
              words with common and everyday meaning:


                     the pest or pests to be controlled;
                     the name and brand of the pesticide product proposed  
                 to be used; 
                     the approximate date, time, and frequency with which  
                 the pesticide will be applied; and
                     a specified statement regarding the toxicity of  
                 pesticides.


            1)  Specifies that the above notice shall be posted before a  
              pesticide application in a common area and shall remain  
              posted for at least 24 hours after the pesticide is applied.


            2)  States that if the pest poses an immediate threat to  
              health and safety, thereby making compliance with  
              notification prior to the pesticide application  
              unreasonable, a landlord or authorized agent shall post the  
              notification as soon as practicable, but not later than one  
              hour after the pesticide is applied.


            3)  Specifies that 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.










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            4)  Specifies that 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:


                     the pest or pests to be controlled;
                     the name and brand of the pesticide product proposed  
                 to be used; 
                     the schedule pursuant to which the pesticide will be  
                 routinely applied; and
                     a specified statement regarding the toxicity of  
                 pesticides.

            1)  Defines the following terms:


                     "Adjacent dwelling unit" means a dwelling unit that  
                 is directly beside, above, or below a particular dwelling  
                 unit.
                     "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.
                     "Broadcast application" means spreading pesticide  
                 over an area greater than two square feet.
                     "Electronic delivery" means delivery of a document  
                 by electronic means to the electronic address at or  
                 through which a tenant, landlord, or authorized agent has  
                 authorized electronic delivery.
                     "Landlord" means an owner of residential rental  
                 property.
                     "Pest" means a living organism that causes damage to  
                 property or economic loss, or transmits or produces  
                 diseases.
                     "Pesticide" means any substance, or mixture of  
                 substances, that is intended to be used for controlling,  
                 destroying, repelling, or mitigating any pest or  
                 organism, excluding antimicrobial pesticides as defined  








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                 by the Federal Insecticide, Fungicide, and Rodenticide  
                 Act (7 U.S.C. Sec. 136(mm)).
                     "Licensed pest control operator" means anyone  
                 licensed by the state to apply pesticides.

            1)  Makes related findings and declarations.


          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  
           
                                                                    Page  8



          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)  
             
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            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  
            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.


          Related/Prior Legislation


          SB 1167 (Hueso, Chapter 81, Statutes of 2014) expanded the duty  
          of individuals who possess property infested with rodents to  
          immediately exterminate and destroy the rodents, to also require  
          those individual to abate specified conditions causing the  
          infestation.  This bill also authorized specified agencies and  
          governing bodies to abate the conditions causing the rodent  
          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  
          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.










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          SB 2143 (Bowen, Chapter 234, Statutes of 2000) required the  
          landlord of a residential dwelling unit to provide each new  
          tenant that occupies the unit with a copy of the notice provided  
          by a registered structural pest control company if a contract  
          for periodic pest control service has been executed.  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, Chapter 718, Statutes 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.


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified7/14/15)


          California Association of Code Enforcement Officers (co-source)
          Regional Asthma Management and Protection (co-source)
          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








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          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


          OPPOSITION:   (Verified7/14/15)


          None Received

          ASSEMBLY FLOOR:  78-0, 8/20/15
          AYES:  Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,  
            Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang,  
            Chau, Chávez, Chiu, Cooley, Cooper, Dababneh, Dahle, Daly,  
            Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina  
            Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez,  
            Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden,  
            Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder,  
            Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina,  
            Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen,  
            Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas,  
            Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner,  
            Waldron, Weber, Wilk, Williams, Wood, Atkins
          NO VOTE RECORDED:  Chu, Patterson


          Prepared by:Tobias Halvarson / JUD. / (916) 651-4113
          8/21/15 16:05:06


                                   ****  END  ****










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