BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 1167|
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THIRD READING
Bill No: SB 1167
Author: Hueso (D)
Amended: 3/26/14
Vote: 21
SENATE TRANSPORTATION & HOUSING COMMITTEE : 11-0, 4/1/14
AYES: DeSaulnier, Gaines, Beall, Cannella, Galgiani, Hueso,
Lara, Liu, Pavley, Roth, Wyland
SUBJECT : Vector infestations
SOURCE : California Association of Code Enforcement Officers
Physicians for Local Responsibility, Los Angeles
Regional Asthma Management and Prevention
DIGEST : This bill requires property owners to abate
substandard building conditions causing vector infestations, in
addition to destroying the vectors.
ANALYSIS : The State Housing Law contains a long list of
conditions relating to inadequate sanitation, structural
hazards, faulty weather protection, and unsafe wiring, plumbing,
or mechanical systems that make a dwelling unit substandard.
One of these is an infestation of insects, vermin, or rodents.
The law further empowers code enforcement officers to cite
substandard conditions and to require that a property owner
correct the violations. If the owner fails to do so after 30
days' notice, or within a shorter notice period if the
enforcement agency deems it necessary to prevent or remedy an
immediate threat to the health and safety of the public, the
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enforcement agency must institute appropriate actions or
proceedings to prevent, restrain, correct, or abate the
violation.
Likewise, state environmental health law requires a person who
possesses (i.e., owns or leases) any place that is infested with
rodents to endeavor to exterminate and destroy the rodents. The
law allows the Department of Public Health (DPH) and local
health officers to inspect places for infestation. If the
possessor of the property fails to endeavor to exterminate and
destroy the rodents, DPH or the local health officer must
exterminate and destroy the rodents and may place a lien against
the property to recover its costs. Independent of any
particular property, a city or county may also order and pay for
the extermination and destruction of rodents on both private and
public property.
This bill amends the State Housing Law to provide that if a
dwelling is substandard due to an infestation of insects,
vermin, or rodents, the enforcement agency's order shall include
a requirement that the owner abate any other substandard
conditions causing the infestation.
This bill also amends state environmental health law to expand
the authority and obligations of DPH and local health officers
to abate substandard conditions causing a rodent infestation.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No Local:
No
SUPPORT : (Verified 4/3/14)
California Association of Code Enforcement Officers (co-source)
Physicians for Local Responsibility, Los Angeles (co-source)
Regional Asthma Management and Prevention (co-source)
Alameda County Healthy Housing Department
Asthma Coalition of Los Angeles County
California Rural Legal Assistance Foundation
Merced/Mariposa County Asthma Coalition
Sierra Club California
Western Center on Law and Poverty
ARGUMENTS IN SUPPORT : According to the author,
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Pest infestations are related to structural conditions that
provide entry, food, and water needed for pests to thrive.
Currently, state laws only requires those cited for a pest
infestation to "exterminate and destroy" the pests. If
structural deficiencies such as leaky plumbing, water
intrusion, and holes in walls are not fixed, the pests
often return resulting in repeat infestations.
For residents, this results in an unhealthy mix of
reoccurring infestations and often repeated exposure to
pesticides used to exterminate the pest.
By aligning existing structural housing codes with existing
pest infestation codes, SB 1167 would ensure that
structural deficiencies be addressed when an owner is cited
for a pest infestation, resulting in more effective and
long term elimination of pest infestations and healthier
living conditions for residents.
JA:e 4/3/14 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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