BILL NUMBER: AB 2362 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 2, 2016
AMENDED IN ASSEMBLY APRIL 14, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Chu
FEBRUARY 18, 2016
An act to add Section 4777 to the Civil Code, relating to common
interest developments.
LEGISLATIVE COUNSEL'S DIGEST
AB 2362, as amended, Chu. Common interest developments: pesticide
application.
Existing law, the Davis-Stirling Common Interest Development Act,
regulates the creation and governance of common interest
developments, which are managed by associations. Existing law
generally provides that an association is responsible for maintaining
common areas in the development and owners of separate interests are
responsible for their interests. Existing law permits an association
to require the removal of an occupant of a separate interest for
such times and periods as may be necessary for the effective
treatment of wood-destroying pests. Existing law generally requires a
landlord or his or her authorized agent to provide notice to
tenants, and under certain circumstances tenants of adjacent units,
of the use of pesticides at the tenant's dwelling unit or in common
areas if the landlord or authorized agent applies any pesticide
without a licensed pest control operator.
This bill would require a common interest development association
or its authorized agent to provide notice to an owner and, if
applicable, tenant of a separate interest, and under certain
circumstances to owners and, if applicable, tenants of adjacent
separate interests, if pesticide is to be applied without a licensed
pest control operator to a separate interest or to a common area. The
bill would prescribe the contents of the notice and how it is to be
provided. The bill would authorize an owner or tenant to agree to
immediate pesticide application and would prescribe a revised
notification procedure in this instance. The bill would also
permit the notice to be posted, as specified, after the pesticide
application if the pest poses an imminent threat to health and
safety.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares the following:
(a) Existing law, Section 1940.8.5 of the Civil Code, requires a
landlord or his or her agent who applies pesticide in certain ways to
a dwelling unit or common area without a licensed pest control
operator to provide to tenants of potentially affected units written
notification that includes the pest to be targeted, the pesticide to
be used, the frequency of its use, and a health and safety statement
prior to the pesticide application.
(b) It is the intent of this bill, therefore, that when pesticides
are about to be applied to the separate interests or to the common
areas of a common interest development either by the homeowner
association or by one of its agents rather than by a licensed pest
control operator, that the owners and, if applicable, tenants of the
separate interests and the owners and, if applicable, tenants of
adjacent separate units that could reasonably be impacted by the
pesticide be provided with substantially the same written
notification that they would have received under existing law had the
pesticides been applied by a licensed pest control operator.
SEC. 2. Section 4777 is added to the Civil Code, to read:
4777. (a) For the purposes of this section:
(1) "Adjacent separate interest" means a separate interest that is
directly beside, above, or below a particular separate interest or
the common area.
(2) "Authorized agent" means an individual, organization, or other
entity that has entered into an agreement with the association to
act on the association's behalf.
(3) "Broadcast application" means spreading pesticide over an area
greater than two square feet.
(4) "Electronic delivery" means delivery of a document by
electronic means to the electronic address at, or through which, an
owner of a separate interest has authorized electronic delivery.
(5) "Licensed pest control operator" means anyone licensed by the
state to apply pesticides.
(6) "Pest" means a living organism that causes damage to property
or economic loss, or transmits or produces diseases.
(7) "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 by the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136(mm)).
(b) (1) An association or its authorized agent that applies any
pesticide to a separate interest or to the common area without a
licensed pest control operator shall provide the owner and, if
applicable, the tenant of an affected separate interest and, if
making broadcast applications, or using total release foggers or
aerosol sprays, the owner and, if applicable, the tenant in an
adjacent separate interest 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:
(A) The pest or pests to be controlled.
(B) The name and brand of the pesticide product proposed to be
used.
(C) "State law requires that you be given the following
information:
CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California
Department of Pesticide Regulation and the United States
Environmental Protection Agency allow the unlicensed use of certain
pesticides based on existing scientific evidence that there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized.
If within 24 hours following application of a pesticide, a person
experiences symptoms similar to common seasonal illness comparable to
influenza, the person should contact a physician, appropriate
licensed health care provider, or the California Poison Control
System (1-800-222-1222).
For further information, contact any of the following: for Health
Questions - the County Health Department (telephone number) and for
Regulatory Information - the Department of Pesticide Regulation
(916-324-4100)."
(D) The approximate date, time, and frequency with which the
pesticide will be applied.
(E) The following notification:
"The approximate date, time, and frequency of this pesticide
application is subject to change."
(2) At least 48 hours prior to application of the pesticide to a
separate interest, the association or its authorized agent shall
provide individual notice to the owner and, if applicable, the tenant
of the separate interest and notice to an owner and, if applicable,
the tenant occupying any adjacent separate interest that is required
to be notified pursuant to paragraph (1).
(3) (A) At least 48 hours prior to
application of the pesticide to a common area, the association or its
authorized agent shall shall, if
practicable, post the written notice described in paragraph (1) in a
conspicuous place in or around the common area in which the
pesticide is to be applied. Otherwise, if not practicable, the
association or its authorized agent shall provide individual
notice to the owner and, if applicable, the tenant of the separate
interest that is adjacent to the common area.
(B) If the pest poses an immediate threat to health and safety,
thereby making compliance with notification prior to the pesticide
application unreasonable, the association or its authorized agent
shall post the written notice as soon as practicable, but not later
than one hour after the pesticide is applied.
(4) Notice to tenants of separate interests shall be provided, in
at least one of the following ways:
(A) First-class mail.
(B) Personal delivery to a tenant 18 years of age or older.
(C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.
(5) (A) Upon receipt of written notification, the owner of the
separate interest or the tenant may agree in writing or, if
notification was delivered electronically, the tenant may agree
through electronic delivery, to allow the association or authorized
agent to apply a pesticide immediately or at an agreed upon time.
(B) (i) Prior to receipt of written notification, the association
or authorized agent may agree orally to an immediate pesticide
application if the owner or, if applicable, the tenant requests that
the pesticide be applied before the 48-hour notice of the
pesticide product proposed to be used.
(ii) With respect to an owner or, if applicable, a tenant entering
into an oral agreement for immediate pesticide application, the
association or authorized agent, no later than the time of pesticide
application, shall leave the written notice specified in paragraph
(1) in a conspicuous place in the separate interest or at the
entrance of the separate interest in a manner in which a reasonable
person would discover the notice.
(iii) If any owner or, if applicable, any tenant of a separate
interest or an owner or, if applicable, a tenant of an adjacent
separate interest is also required to be notified pursuant to this
subparagraph, the association or authorized agent shall provide that
person with this 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.
(6) A copy of a written notice provided pursuant paragraph (1)
shall be attached to the minutes of the board meeting immediately
subsequent the application of the pesticide.