BILL ANALYSIS �
SB 332
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON GOVERNMENTAL ORGANIZATION
Isadore Hall, Chair
SB 332 (Padilla) - As Amended: June 23, 2011
SENATE VOTE : 33-2
SUBJECT : Smoking: rental dwellings.
SUMMARY : Codifies a landlord's right to prohibit smoking on
their properties. Specifically, this bill :
1)Authorizes a landlord to prohibit the smoking of cigarettes or
other tobacco products on the property or in any building or
portion of the building.
2)Requires all residential lease or rental agreements entered
into on or after January 1, 2012 to include detailed
provisions that specify the areas on the property where
smoking is prohibited, if the lessee has not previously
occupied the dwelling unit.
3)Specifies that for all leases signed before January 1, 2012, a
new smoking prohibition impacting any portion of the property
constitutes a change in terms of the rental or lease
agreement. This change would require the landlord to provide
all impacted tenants adequate written notice.
4)States that a landlord who exercises the authority provided
above to prohibit smoking shall be subject to state and local
notice requirements governing changes to the terms of a rental
agreement for tenants with leases or rental agreements that
are in existence at the time that the policy limiting or
prohibiting smoking is adopted.
5)Provides that the provisions of this bill shall not be
construed to preempt any local ordinance in effect on or
before January 1, 2012.
6)States that this bill does not require statutory authority to
establish or enforce any other lawful term or condition of the
tenancy.
7)Includes findings and declarations regarding the dangers of
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second hand smoke.
EXISTING LAW
1)Regulates the terms and conditions of residential tenancies,
and generally requires landlords to keep the rental units in a
condition fit for occupancy.
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.
3)Prohibits any person from smoking in any public workplace or
restaurant, inside a public building or within 20 feet of any
air intake door or window of any government building.
FISCAL EFFECT : This bill is keyed non-fiscal by the
Legislative Counsel
COMMENTS :
Background: Since 1994, California has banned smoking in most
workplaces. Current law prohibits public employees and members
of the public from smoking inside a public building or within 20
feet of any door, window, or air intake of any government
building within the state. In addition, it is an infraction for
a person to smoke within 25 feet of a playground or for a person
to smoke in presence of a minor in a vehicle.
In 2006 the State of California Air Resources Board identified
second hand smoke as a Toxic Air Contaminant, meaning that
secondhand smoke is now identified as an airborne toxic
substance that may cause death or serious illness. The United
States Environmental Protection Agency has classified secondhand
smoke as a group A carcinogen, the most dangerous class of
carcinogen. According the Centers for Disease control and
Prevention (CDC), secondhand smoke is responsible for an
estimated 49,400 deaths among nonsmokers each year in the United
States, which includes 3,400 lung cancer deaths and 46,000
deaths due to heart disease.
In addition, studies have shown that secondhand smoke can be
especially harmful to children because children breathe in more
air than adults. This means that their bodies are exposed to
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more harmful chemicals from second hand smoke. According to a
1997 study by the California Environmental Protection Agency,
effects on children from second hand smoke causes an estimated
120 child deaths per year from sudden infant death syndrome.
Effect of secondhand smoke in apartment buildings : More than 30
percent of California's housing is multi-unit residences such as
apartments and condos. In this type of housing, scientific
studies have shown that secondhand smoke can travel into and out
of open windows and doors, shared ventilation systems and walls,
ceiling crawl spaces, etc. While more Californians are
protected from secondhand smoke in their home, many living in
these types of buildings are still exposed to secondhand smoke
from their neighbor's smoking.
According to the author : Existing law requires the owner or
landlord of rental housing to maintain the rented area in a
habitable condition, including keeping the building and grounds
at the time of the commencement of the lease or rental
agreement, and all areas under control of the landlord, clean,
sanitary, and free from all accumulations of debris, filth,
rubbish, garbage, rodents, and vermin. A landlord may include
terms in a rental agreement pertaining to pets, noise, and other
house rules, in order to comply with these provisions. The
responsibilities placed on owners of rental housing help promote
the health and safety of the tenants living on the property.
Landlords can already ban smoking on their property : Currently,
landlords can ban smoking on their residential properties as
long as the rules banning smoking are included in the rental
agreement. This bill simply codifies this right in law and
ensures that tenants are given notice of the prohibition in the
rental agreement. A ban on smoking is similar to other
restrictions that landlords place on tenants including the
imposition of quiet hours, guest restrictions, pet restrictions,
etc. While landlords can already ban smoking on their property,
the lack of a statewide law clarifying that right has created
confusion for landlords seeking to ban smoking on their
properties. The bill requires all notices to be in writing and
delivered to the tenant or posted on the apartment door. Beyond
that, the bill treats smoking bans like all other lease
modifications and simply permits the already applicable
requirements to apply.
Purpose of the bill : The bill would, on a statewide level,
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codify that a landlord may prohibit smoking in a building, a
portion thereof, or the premises on which it is located. Not
only would the bill encourage ban smoking on their property but
would make it easier for non-smoking tenants to protect
themselves and their families.
Arguments in support : The California Apartment Association
states that smoking is a major source of conflict between
smoking and non-smoking tenants. Smokers maintain that smoking
is a right that should not be comprised. With the absence of
any state law saying otherwise, landlords are stuck in the
middle of the debate. SB 332 will bring a measure of certainty
to this debate.
Similarly, the California Medical Association states that, "CMA
has long called for smoking prohibitions in public places to
protect individuals from the detrimental health effects of
secondhand smoke. In many multi-dwelling units such as
apartments, condos, and duplexes, secondhand smoke can travel
through shared ventilation systems or from one private area to
another, such as balconies, posing a health risk for those who
do not smoke."
Prior Legislation : SB 1598 (Padilla), 2007-2008 Legislative
Session. Would have similarly codified a landlord's ability to
prohibit smoking. (Held in Assembly Judiciary)
REGISTERED SUPPORT / OPPOSITION :
Support
Aging Services of California
American Cancer Society, California Division
American Diabetes Association
American Heart Association
American Lung Association
American Stroke Association
Breathe California
California Apartment Association
California Medical Association
County Health Executives Association of California
County of Santa Clara Board of Supervisors
Los Angeles County Board of Supervisors
Opposition
SB 332
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None on file
Analysis Prepared by : Felipe Lopez / G. O. / (916) 319-2531