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 those 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 tenants 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, a 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.

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 those 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 tenants 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, a 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.

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 tenants 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.

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 tenants 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 or and, if applicable, tenant of a separate interest, and under certain circumstances to owners or 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 occupant tenant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance.

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 tenants dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator.

This bill would state the intent of the Legislature to subsequently amend this bill to include provisions that would require notification of tenants living in a unit on property that is part of a homeowners association when pesticides are to be applied by unlicensed professionals. require a common interest development association or its authorized agent to provide notice to an owner or tenant of a separate interest, and under certain circumstances to owners or 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 occupant to agree to immediate pesticide application and would prescribe a revised notification procedure in this instance.

Existing law, the Davis-Stirling Common Interest Development Act, regulates the creation and governance of common interest developments, which are managed associations. 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 tenants dwelling unit or in common areas if the landlord or authorized agent applies any pesticide without a licensed pest control operator.

This bill would state the intent of the Legislature to subsequently amend this bill to include provisions that would require notification of tenants living in a unit on property that is part of a homeowners association when pesticides are to be applied by unlicensed professionals.

 THIRD READING  

Bill No: AB 2362

Author:

:

Vote:

SENATE JUDICIARY COMMITTEE: 7-0, 6/21/16

AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski

ASSEMBLY FLOOR: 76-0, 5/5/16 - See last page for vote

SUBJECT:

SOURCE: Center for California Homeowner Association Law

Regional Asthma Management and Prevention

DIGEST: This bill requires a homeowner association in a common interest development, or its agent, to provide an owner or tenant of a separate interest with advance written notice of the application of pesticides to the separate interest or to a common area when done without a licensed structural pest control operator, as specified.

ANALYSIS:

Existing law:

1. 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.)
2. 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.)
3. 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 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. 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 four 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.)
4. 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. (Civ. Code 1940.8.5(b).)

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, as specified. (Civ. Code 1940.8.5(b).)
2. Authorizes the landlord or his or her agent, with the consent of the tenant, to apply a pesticide less than 24 hours after giving notice of intent to apply pesticides. (Civ. Code 1940.8.5(b).)
3. 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. (Civ. Code 1940.8.5(c).)

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. (Civ. Code 1940.8.5(c).)
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. (Civ. Code 1940.8.5(c).)

This bill:

1. Requires 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 to 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, as specified, 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 an association or its agent to provide the above notice to owners and tenants of separate interests, as required, at least 48 hours prior to the application of the pesticide. In the case of a common area, this bill requires an association or its agent to post the above notice in a conspicuous place in or around the common area in which the pesticide is to be applied, if practicable. If not practicable, the association or its agent must provide notice to an owner and, if applicable, a tenant of a separate interest that is adjacent to the common area.
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, the association or its agent shall post the notification as soon as practicable, but not later than one hour after the pesticide is applied. (Civ. Code 1940.8.5(c).)
3. Authorizes the association or authorized agent to 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, as specified. If any owner or any tenant of a separate interest or adjacent separate interest is also required to be notified, the association or agent must provide that person with notice as soon as practicable after the oral agreement is made, but in no case later than commencement of application of the pesticide.
4. Defines the following terms:

• “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.
• “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.
• “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 an owner of a separate interest has authorized electronic delivery.
• “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
• “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 by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).

1. Makes related findings and declarations.

Background

According to the American Association of Poison Control Centers, Americans reported 2.9 million exposures to poison control centers in 2014, the most recent year for which data is available. (American Association of Poison Control Centers, 2014 Annual Report of the American Association of Poison Control Centers’ National Poison Data System <https://aapcc.s3.amazonaws.com/pdfs/ annual_reports/2014_AAPCC_NPDS_Annual_Report.pdf [as of June 6, 2016].) 2.2 million of these calls involved cases where people came into contact with dangerous or potentially dangerous substances. Poison control centers handled over 83 thousand calls regarding potential exposure to pesticides in 2014, placing pesticide-related calls within the top ten categories of calls received that year. Given that 91 percent of human exposures reported to poison control centers occurred at a residence, and that approximately 78 million U.S. households use some kind of pesticide, it is likely that many pesticide-related calls to poison control involved pesticides used in or near the home. (See U.S. Environmental Protection Agency (U.S. EPA), Pesticide Industry Sales and Usage: 2006 and 2007 Market Estimates (Feb. 2011) <https://www.epa.gov/sites/production/ files/2015-10/documents/market_estimates2007.pdf [as of June 6, 2016].)

In its Citizen’s Guide to Pest Control and Pesticide Safety, the 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) < https://www.epa.gov/sites/production/files/2014-04/documents/ citizens_guide_to_pest_control_and_pesticide_safety.pdf [as of June 6, 2016].)

Existing law requires registered structural pest control operators to provide the owner and tenants of a property for which work is to be done with advance written notice prior to the application of pesticides. Existing law, enacted last year by SB 328 (Hueso, Chapter 278, Statutes of 2015) requires a landlord or a landlord’s agent to provide a tenant, and any tenant of an adjacent unit, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator. This bill requires homeowner associations and their agents to provide owners and tenants with advance written notice of the use of pesticides at a residence or in a common area at least 48 hours, except as specified, prior to their application if the pesticides are applied without a licensed structural pest control operator.

Comments

The author writes:

According to the United States Environmental Protection Agency (U.S. EPA), Americans use more than a billion pounds of pesticides each year to combat pests on farm crops, in homes, places of business, schools, parks, hospitals, and other public places. . . . The U.S. EPA reports that the adverse effects of pesticide exposure range from mild symptoms of dizziness and nausea to serious, long-term neurological, developmental and reproductive disorders. However, according to the study “Acute Illnesses Associated with Pesticide Exposure at Schools,” published in 2005 by the American Medical Association, pesticide poisoning is a commonly under-diagnosed illness. The clinical findings of acute pesticide poisoning are rarely pathognomonic, but instead resemble acute upper respiratory tract illness, conjunctivitis, gastrointestinal illness, and other conditions.

Children are at a greater risk from exposure to some pesticides for a number of reasons. Children's internal organs are still developing and maturing and their enzymatic, metabolic, and immune systems may provide less natural protection than those of an adult. There are critical periods in human development when exposure to a toxin can permanently alter the way an individual’s biological system operates. In addition, children may be more likely to be exposed to certain pesticides because they behave differently than do adults. For instance, children’s behaviors, such as playing on the floor or on the lawn where pesticides are commonly applied, or putting objects in their mouths, increase their chances of exposure to pesticides.

Because of the particular way they are regulated, [existing law requiring notification of pesticide use] does not apply in the context of Home Owners Associations (HOAs). Therefore, those living in a condominium or townhouse, for example, are not afforded the same right to be notified when pesticides are applied by a non-licensed professional. AB 2362 would close this gap by adding provisions that mirror [existing law] in relation to HOAs. Doing this would ensure all tenants receive the same protections, regardless of the type of housing unit they rent. This bill seeks to extend the regulations imposed under SB 328 (Hueso) which requires landlords to provide tenants with notification of pesticide use if a landlord or property manager applies store-bought pesticides, the same as they would be obligated to do under the Structural Pest Control Act if a landlord or property manager hired a registered pest management professional to do the same job.

Prior Legislation

SB 328 (Hueso, Chapter 278, Statutes of 2015) requires a landlord or a landlord’s agent to provide a tenant, and any tenant of an adjacent unit, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator. The bill requires the posting of a similar notice at least 24 hours prior to applying a pesticide in a common area without a licensed structural pest control operator, unless the pest poses 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.

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 that individual to abate specified conditions that are causing the infestation. The bill also authorized specified agencies and governing bodies to abate the conditions that are causing the infestation, and directed that an agency’s abatement order include abatement of specified conditions that the agency determines to have caused the infestation.

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. The bill specified that the required notice contain information about the frequency of treatment if a contract for periodic pest control has been executed.

FISCAL EFFECT: Appropriation: Fiscal Com.: Local:

SUPPORT: (Verified 6/21/16)

Center for California Homeowner Association Law (co-source)

Regional Asthma Management and Prevention (co-source)

California Rural Legal Assistance Foundation

Coalition for Economic Survival

Community Action to Fight Asthma

Esperanza Community Housing Corporation

Western Center on Law and Poverty

OPPOSITION: (Verified 6/21/16)

None received

ASSEMBLY FLOOR: 76-0, 5/5/16

AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon

NO VOTE RECORDED: Bigelow, Beth Gaines, Jones-Sawyer, Patterson

Prepared by:

6/24/16 14:33:47

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: AB 2362 (Author:Chu)

Version: May 2, 2016

Hearing Date: June 21, 2016

Fiscal: No

Urgency: No

Consultant: TH

SUBJECT

Common Interest Developments: Pesticide Application

DESCRIPTION

This bill would require a homeowner association in a common interest development, or its agent, to provide an owner or tenant of a separate interest with advance written notice of the application of pesticides to the separate interest or to a common area when done without a licensed structural pest control operator. In the case of broadcast applications, as defined, this bill would also require advance written notice be given to owners or tenants of adjacent separate interests that could reasonably be impacted by the pesticide application. This bill would require written notice to be given at least 48 hours before pesticide application, unless the pest to be controlled poses an immediate threat to health and safety, or unless the owner or tenant of the separate interest where pesticides are to be applied agrees to an earlier application period.

BACKGROUND

According to the American Association of Poison Control Centers, Americans reported 2.9 million exposures to poison control centers in 2014, the most recent year for which data is available. (American Association of Poison Control Centers, 2014 Annual Report of the American Association of Poison Control Centers’ National Poison Data System <https://aapcc.s3.amazonaws.com/pdfs/annual_reports/2014_AAPCC_NPDS_Annual_Report.pdf> [as of June 6, 2016].) 2.2 million of these calls involved cases where people came into contact with dangerous or potentially dangerous substances. Poison control centers handled over 83 thousand calls regarding potential exposure to pesticides in 2014, placing pesticide-related calls within the top ten categories of calls received that year. Given that 91 percent of human exposures reported to poison control centers occurred at a residence, and that approximately 78 million U.S. households use some kind of pesticide, it is likely that many pesticide-related calls to poison control involved pesticides used in or near the home. (See U.S. Environmental Protection Agency (U.S. EPA), Pesticide Industry Sales and Usage: 2006 and 2007 Market Estimates (Feb. 2011) <https://www.epa.gov/sites/production/files/2015-10/documents/market_estimates2007.pdf> [as of June 6, 2016].)

In its Citizen’s Guide to Pest Control and Pesticide Safety, the 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) < https://www.epa.gov/sites/production/files/2014-04/documents/citizens_guide_to_pest_control_and_pesticide_safety.pdf> [as of June 6, 2016].)

Existing law requires registered structural pest control operators to provide the owner and tenants of a property for which work is to be done with advance written notice prior to the application of pesticides. Existing law, enacted last year by SB 328 (Hueso, Ch. 278, Stats. 2015) requires a landlord or a landlord’s agent to provide a tenant, and any tenant of an adjacent unit, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator. This bill would require homeowner associations and their agents to provide owners and tenants with advance written notice of the use of pesticides at a residence or in a common area at least 48 hours, except as specified, prior to their application if the pesticides are applied without a licensed structural pest control operator.

CHANGES TO EXISTING LAW

Existing law 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.)

Existing law 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.)

Existing law 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.)

Existing law 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.)

Existing law 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.)

Existing regulations require 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. 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, manager’s apartment, in all laundry rooms, and community rooms. (16 Cal. Code Reg. Sec. 1970.4.)

Existing law 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. (Civ. Code 1940.8.5(b).)

Existing law 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, as specified. (Civ. Code 1940.8.5(b).)

Existing law authorizes the landlord or his or her agent, with the consent of the tenant, to apply a pesticide less than 24 hours after giving notice of intent to apply pesticides. (Civ. Code 1940.8.5(b).)

Existing law 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. (Civ. Code 1940.8.5(c).)

Existing law 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. (Civ. Code 1940.8.5(c).)

Existing law 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. (Civ. Code 1940.8.5(c).)

This bill requires 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 to 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, as specified, 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.

This bill requires an association or its agent to provide the above notice to owners and tenants of separate interests, as required, at least 48 hours prior to the application of the pesticide. In the case of a common area, this bill requires an association or its agent to post the above notice in a conspicuous place in or around the common area in which the pesticide is to be applied, if practicable. If not practicable, the association or its agent must provide notice to an owner and, if applicable, a tenant of a separate interest that is adjacent to the common area.

This bill states that 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 agent shall post the notification as soon as practicable, but not later than one hour after the pesticide is applied. (Civ. Code 1940.8.5(c).)

This bill authorizes the association or authorized agent to 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, as specified. If any owner or any tenant of a separate interest or adjacent separate interest is also required to be notified, the association or agent must provide that person with notice as soon as practicable after the oral agreement is made, but in no case later than commencement of application of the pesticide.

This bill defines the following terms:

• “Adjacent separate interest” means a separate interest that is directly beside, above, or below a particular separate interest or the common area.
• “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.
• “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 an owner of a separate interest has authorized electronic delivery.
• “Licensed pest control operator” means anyone licensed by the state to apply pesticides.
• “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 by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).

This bill makes related findings and declarations.

COMMENT

1. Stated need for the bill

The author writes:

According to the United States Environmental Protection Agency (U.S. EPA), Americans use more than a billion pounds of pesticides each year to combat pests on farm crops, in homes, places of business, schools, parks, hospitals, and other public places. . . . The U.S. EPA reports that the adverse effects of pesticide exposure range from mild symptoms of dizziness and nausea to serious, long-term neurological, developmental and reproductive disorders. However, according to the study “Acute Illnesses Associated with Pesticide Exposure at Schools,” published in 2005 by the American Medical Association, pesticide poisoning is a commonly under-diagnosed illness. The clinical findings of acute pesticide poisoning are rarely pathognomonic, but instead resemble acute upper respiratory tract illness, conjunctivitis, gastrointestinal illness, and other conditions.

Children are at a greater risk from exposure to some pesticides for a number of reasons. Children's internal organs are still developing and maturing and their enzymatic, metabolic, and immune systems may provide less natural protection than those of an adult. There are critical periods in human development when exposure to a toxin can permanently alter the way an individual’s biological system operates. In addition, children may be more likely to be exposed to certain pesticides because they behave differently than do adults. For instance, children’s behaviors, such as playing on the floor or on the lawn where pesticides are commonly applied, or putting objects in their mouths, increase their chances of exposure to pesticides.

Because of the particular way they are regulated, [existing law requiring notification of pesticide use] does not apply in the context of Home Owners Associations (HOAs). Therefore, those living in a condominium or townhouse, for example, are not afforded the same right to be notified when pesticides are applied by a non-licensed professional. AB 2362 would close this gap by adding provisions that mirror [existing law] in relation to HOAs. Doing this would ensure all tenants receive the same protections, regardless of the type of housing unit they rent. This bill seeks to extend the regulations imposed under SB 328 (Hueso) which requires landlords to provide tenants with notification of pesticide use if a landlord or property manager applies store-bought pesticides, the same as they would be obligated to do under the Structural Pest Control Act if a landlord or property manager hired a registered pest management professional to do the same job.

1. Recent Policy on Notification

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 registered structural pest control operators when the landlord contracts for periodic pest control service. This past year, the Legislature enacted SB 328 (Hueso, Ch. 278, Stats. 2015), which requires landlords to provide tenants with advance notice before pesticides are used in a dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural pest control operator.

This bill follows that recent trend of providing affected communities with notice prior to the application of pesticides in their surroundings. It would help residents in common interest developments better understand the harms associated with chemicals being used in and around their residences, and would give residents with chemical sensitivities or pesticide related health problems advance warning to take any precautionary measures deemed necessary. While the pesticides used by homeowner associations 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 residents to be given prior notice of pesticide application by the latter and not the former. Writing in support, the Esperanza Community Housing Corporation states:

Pests and vermin are far too common problems for tenants in California. They have significant physical and mental health impacts on residents. However, the pesticides often used to address a pest problem pose significant health risks of their own. Pesticides that are used in homes are linked to serious health concerns including acute and persistent injury to the nervous system, injury to reproductive systems, respiratory problems such as asthma, birth defects, and cancer. The best way to reduce the risk of unwanted health impacts is to actively take precautions to avoid exposure to pesticides.

Specifically, in South Central Los Angeles, we observe that many landlords, property managers, or HOAs, utilize harmful and unregulated pesticides without the tenants’ knowledge, especially in low-income communities of color. It is important to protect the health and future of these communities by ensuring they have the right to know what pesticides are being used on the residential property.

The first step in avoiding exposure is knowing what pesticides are being used, when they are being applied, and where. . . . By requiring HOAs to notify residents of any do-it-yourself pesticide use, AB 2362 would ensure that residents of HOAs 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.

Support: California Rural Legal Assistance Foundation; Coalition for Economic Survival; Community Action to Fight Asthma; Esperanza Community Housing Corporation; Western Center on Law and Poverty

Opposition: None Known

HISTORY

Source: Center for California Homeowner Association Law; Regional Asthma Management and Prevention

Related Pending Legislation: None Known

Prior Legislation:

SB 328 (Hueso, Ch. 278, Stats. 2015) requires a landlord or a landlord’s agent to provide a tenant, and any tenant of an adjacent unit, with advance written notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed structural 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 structural pest control operator, unless the pest poses 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.

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

SB 2143 (Bowen, Ch. 234, Stats. 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, Ch. 718, Stats. 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.

Prior Vote:

Assembly Floor (Ayes 76, Noes 0)

Assembly Judiciary Committee (Ayes 9, Noes 0)

Assembly Environmental Safety and Toxic Materials Committee (Ayes 5, Noes 1)

**************

ASSEMBLY THIRD READING

ATR Bill Id:AB 2362

Author:(Chu)

As Amended Ver:May 2, 2016

Majority vote

SUMMARY: Requires a homeowners association (HOA) to provide notification, as specified, to homeowners and tenants in a common interest development (CID) if the homeowners association applies pesticides without a licensed pest control operator.

EXISTING LAW:

1. 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.
2. Requires, at least 24 hours prior to the application of a pesticide without a licensed pest control operator to a dwelling unit, a landlord to provide, by one of four specified ways, the tenant of that dwelling unit and any tenant in an adjacent dwelling unit with a specified written notice.
3. Exempts any landlord or HOA from providing notice of pesticide use without a pest control operator in a separate interest or in common areas within a CID.

FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel.

COMMENTS: According to the author, "This bill seeks to extend the regulations imposed under SB 328 (Hueso),[Chapter 278, Statues of 2015,] which requires landlords to provide tenants with notification of pesticide use if a landlord or property manager applies store-bought pesticides, the same as they would be obligated to do under the Structural Pest Control Act if a landlord or property manager hired a registered pest management professional to do the same job. …Because of the particular way they are regulated, SB 328 does not apply in the context of Home Owners Associations (HOAs). Therefore, those living in a condominium or townhouse, for example, are not afforded the same right to be notified when pesticides are applied by a non-licensed professional. AB 2362 would close this gap by adding provisions that mirror SB 328 in relation to HOAs. Doing this would ensure all tenants receive the same protections, regardless of the type of housing unit they rent."

Pesticide use around dwellings: In its Citizen’s Guide to Pest Control and Pesticide Safety, the United States Environmental Protection Agency (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. ...Yet, many of the products can be hazardous to people, especially when stored, handled, applied, or disposed of improperly."

Potential health impacts of pesticide exposure: The U.S. EPA reports that the adverse effects of pesticide exposure range from mild symptoms of dizziness and nausea to serious, long-term neurological, developmental and reproductive disorders. Children are at a greater risk from exposure to some pesticides because their internal organs are still developing and maturing and because of their behaviors, such as playing on the floor or on the lawn where pesticides are commonly applied and putting exposed objects in their mouths.

Notification requirements for pesticide applications: Notification of pesticide application enables those potentially affected to take precautions to avoid contact or exposure to pesticides. Since 1984, California law has required pest control companies to provide notice to the owner, or the owner's agent, and residents when applying pesticides at a property. The notice must be given prior to the application of pesticides; be clearly written; and, include details about the pesticide being applied, contact information for authorities for additional information and to report pesticide illness, and other information.

Expanding upon the requirement that pest control companies provide notification of application, SB 398 (Hueso), Chapter 278, Statutes of 2015, requires landlords to provide similar notice to tenants if she or he applies a pesticide without the use of a registered pest control company. SB 398 specifically exempts HOAs from having to notify if pesticides are applied without a pest control operator in a CID.

Common interest developments (CIDs) and homeowners associations (HOAs): CIDs, also referred to as common interest communities and common interest realty associations, are a type of development with common areas, such as playgrounds, parking lots, and swimming pools. CIDs come in many structural types, architectural styles, and sizes, such as retirement communities, recreational communities, high-rise buildings, equestrian communities, lake-centered developments, golfing communities, artists' lofts, etc. They can be single family detached houses, two story townhouses, apartment-like buildings, or be in other forms. Despite the differences that may exist among CIDs, all CIDs are similar in that they allow individual owners the use of common property and facilities and provide for a system of self-governance through an HOA within the CID.

Because CIDS and HOAs are governed under the Davis-Stirling Act with unique requirements, and landlord and tenant requirements fall under different statutes and have different requirements, requiring HOAs to notify for pesticide application in CIDs was not included in SB 398. This bill seeks to close that gap and provide the same protections for people living in HOAs that exist for tenants outside of a CID.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965 FN: 0002848

Date of Hearing:

ASSEMBLY COMMITTEE ON

, Chair

ABPCA Bill Id:

Author:() – As Ver:

As Proposed to be Amended

SUBJECT:

KEY ISSUE: WHEN A HOMEOWNER ASSOCIATION HIRES SOMEONE WHO IS NOT A LICENSED PEST CONTROL OPERATOR TO APPLY PESTICIDES IN AND AROUND A COMMON INTEREST DEVELOPMENT, SHOULD THE ASSOCIATION, FOR HEALTH AND SAFETY REASONS, BE REQUIRED TO PROVIDE POTENTIALLY AFFECTED RESIDENTS WITH THE SAME LEVEL OF NOTIFICATION OF PESTICIDE USE THAT IT WOULD BE REQUIRED TO PROVIDE IF IT HAD HIRED A LICENSED PEST CONTROL OPERATOR?

SYNOPSIS

Existing law requires that a licensed pest control operator (PCO) provide a specified written notification to homeowners prior to administering pesticide treatment when such treatment might potentially expose the person and his or her family to pesticides. However, the same notices are not required to be given when someone who is not a PCO applies pesticides. Therefore, when a homeowners' association (HOA) or its authorized agent, in response to a pest problem, employs someone other than a licensed PCO to administer the treatment, or applies over-the-counter pesticides on its own, such notification is not required, thus potentially leaving residents of CIDs without information about their exposure to pesticides. As a result, these residents lack information and are less able to protect their families from potentially harmful pesticide exposure.

This bill, sponsored by Regional Asthma Management and Prevention (RAMP) and the Center for California Homeowner Association Law, seeks to fix this discrepancy and ensure that residents of CIDs 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. It is closely modeled after SB 328 (Hueso), Ch. 278, Stats. 2015, which sought to address this discrepancy in residential rental properties, where a landlord/owner has responsibility to maintain the premises and abate pests. Specifically, this bill requires a HOA or its authorized agent who applies a pesticide to a separate interest without a licensed PCO to provide the owner or tenants of that unit with a specified written notice, in most cases, 48 hours in advance. The bill also requires the HOA or its agent, if making a broadcast application or using total release foggers or aerosol spray, to provide the same notice to any owner or tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use. Among other things, the bill allows the owner or tenant, prior to receiving the written notice prescribed by the bill, to enter into an oral agreement with the HOA for immediate pesticide application if he or she requests that the pesticide be applied before 48-hour advance notice can be given. Proposed author's amendments clarify the notification requirements with respect to pesticide treatment in a common area of the CID, and allow treatment of a common area in response to an immediate threat to health or safety without 48-hour advance notice, as long as some written notice is posted as soon as practicable but not later than one hour after the treatment has been done. The bill is supported by a coalition of public health advocates, clean air advocates, and advocates for homeowners living in CIDs. It has no formal opposition, although representatives of HOAs have raised some issues that the author has indicate he will work on with the HOAs, should the bill be approved by this Committee. This bill previously passed the Environmental Safety Committee by a 5-1 vote.

SUMMARY: Requires homeowner associations (HOA) to provide to residents of the common interest development (CID) 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 association elects to apply the pesticide itself or without hiring a licensed pest control operator to do so. Specifically, this bill:

1. Requires an HOA, or its authorized agent, that applies any pesticide to a separate interest or to the common area of a CID, without a licensed pest control operator, to provide the owner or the tenant of an affected separate interest and, if making broadcast applications or using total release foggers or aerosol sprays, the owner or 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:
   1. The pest or pests to be controlled;
   2. The name and brand of the pesticide product proposed to be used;
   3. The approximate date, time, and frequency with which the pesticide will be applied;
   4. A statement that includes, "CAUTION – PESTICIDES ARE TOXIC CHEMICALS," and that gives specified information about the risks of pesticide exposure; symptoms of pesticide illness; and, contact information for the California Poison Control System, the County Health Department, and the Department of Pesticide Regulation; and,
   5. A statement that reads, "The approximate date, time, and frequency of this pesticide application is subject to change."
2. Requires, at least 48 hours prior to application of the pesticide to a separate interest, the HOA or its authorized agent to provide individual notice to the owner of the separate interest, as well as notice to any tenant of the separate interest, as well as any owner or tenant occupying any adjacent separate interest that is required to be notified.
3. Requires, at least 48 hours prior to application of the pesticide to a common area, the HOA or its authorized agent, where practicable, to post the written notice in a conspicuous place in or around the common area in which the pesticide is to be applied. Otherwise, if not practicable, requires the association or its authorized agent to provide individual notice to the owner and, if applicable, the tenant of the separate interest or interests adjacent to the common area.
4. Provides that if the pest poses an immediate threat to health and safety in the common area, thereby making compliance with notification prior to the pesticide application unreasonable, the association or its authorized agent shall post the written notice in or around the common area as soon as practicable, but not later than one hour after the pesticide is applied.
5. Requires notice to tenants of separate interests to be provided in at least one of the following ways: (a) First-class mail; (b) Personal delivery to an occupant 18 years of age or older; or (c) Electronic delivery, if an electronic mailing address has been provided by the tenant.
6. Authorizes, upon receipt of written notification, the owner of the separate interest or the tenant to agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the HOA or authorized agent to apply a pesticide immediately or at an agreed upon time.
7. Authorizes, prior to receipt of written notification, the HOA or authorized agent to agree orally to an immediate pesticide application if the owner or occupant requests that the pesticide be applied before the 48-hour notification of the pesticide application.
8. Requires, if an owner or occupant enter into an oral agreement for immediate pesticide application, the HOA or authorized agent, no later than the time of pesticide application, to leave the written notice 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.
9. Requires, if any owner of a separate interest or occupant in an adjacent separate interest is also required to be notified, the HOA or authorized agent to 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 the pesticide application.
10. Requires that a copy of a written notice be attached to the minutes of the board meeting of the HOA immediately subsequent to the application of the pesticide.

EXISTING LAW:

1. 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:
   1. The pest to be controlled;
   2. The pesticide or pesticides proposed to be used and the active ingredient or ingredients;
   3. A statement which, among other things, includes "CAUTION-PESTICIDES ARE TOXIC CHEMICALS;" information regarding possible symptoms of pesticide illness; and, contact information for further information and to report pesticide illness; and,
   4. If a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (Business & Professions Code (BPC) Section 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. (Civil Code Section 1940.8.)
3. Requires, at least 24 hours prior to the application of a pesticide without a licensed pest control operator to a dwelling unit, a landlord to provide, by one of four specified ways, the tenant of that dwelling unit and any tenant in an adjacent dwelling unit with a specified written notice, similar to that required under BPC § 8538. (Civil Code Section 1940.8.5 (b)(1) and (2).)
4. Authorizes, upon receipt of written notification, the tenant to agree in writing or through electronic delivery to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time. (Civil Code Section 1940.8.5 (b)(3)(A).)
5. Requires, before application of any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications, a landlord to post a specified written notice in a conspicuous place in the common area in which a pesticide is applied. (Civil Code Section 1940.8.5 (c)(1).)
6. Provides that if a pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, a landlord must post notification as soon as is practicable, but not later than one hour after the pesticide is applied. (Civil Code Section 1940.8.5 (c)(2)(C).)
7. Requires a landlord that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator to provide a tenant in each dwelling unit with a specified written notice, including the schedule pursuant to which the pesticide will be routinely applied. (Civil Code Section 1940.8.5 (d)(1).)
8. Exempts any landlord or HOA from providing notice of pesticide use without a pest control operator in a separate interest or in common areas within a CID. (Civil Code Section 1940.8.5 (b)(1)(4)(A); (c)(4); and (d)(2)(D).)
9. 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. (California Code of Regulations (CCR) Title 16, §1970.4.)
10. Requires a pest control operator to assure that the operator (including an HOA) of the property receives notice, which includes specified information, of the scheduled application. (CCR Title 3, §6618 (b)(1).)
11. Requires the operator of property (including an HOA) to assure that the above notice is given to all persons who are on the property to be treated with pesticides, or who may enter during the application or the period of time that any restrictions on entry are in effect. (CCR Title 3, §6618 (b)(2).)

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

COMMENTS: According to the Environmental Protection Agency (EPA), Americans use more than a billion pounds of pesticides each year to combat pests on farm crops, in homes, places of business, schools, parks, hospitals, and other public places. In its Citizen’s Guide to Pest Control and Pesticide Safety, the 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… If used incorrectly, home-use pesticide products can be poisonous to humans."

Notification of pesticide application enables those potentially affected to take precautions to avoid contact or exposure to pesticides. Since 1984, California law has required pest control companies to provide notice to the owner, or the owner's agent, and residents when applying pesticides at a property. The notice must be given prior to the application of pesticides, be clearly written, and, include details about the pesticide being applied, contact information for authorities for additional information and to report pesticide illness, and other information.

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 registered structural pest control operators when the landlord contracts for periodic pest control service.

Last year, the Legislature enacted SB 328 (Hueso), Chapter 278, Statutes of 2015, which required landlords to provide adequate notice to tenants if the landlord applies a pesticide around the rental premises without using the services of a registered pest control company. SB 328 includes specific notification requirements for landlords applying pesticides to individual dwelling units, non-routine application in common areas, and routine application in common areas. SB 328, however, provided that its rules and notification requirements were limited to the actions of landlords with respect to rental property, and specifically did not apply to HOAs and common interest developments.

According to the author: "Because of the particular way they are regulated, SB 328 does not apply in the context of homeowner's associations (HOAs). AB 2362 would close this gap by adding provisions that mirror SB 328 in relation to HOAs. Doing this would ensure all tenants receive the same protections, regardless of the type of housing unit they rent."

Ensuring notification of pesticide use in common interest developments. 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. Existing case law also establishes that the board of a HOA (and its agents) are legally responsible for the maintenance of the common areas of the CID (See Dover Village v. Jennison (2010) 191 Cal.App.4^th 123; Affan v. Portofino HOA (2010) 189 Cal.App.4^th 930), which is perhaps not surprising considering that in virtually every CID, owners of separate interests pay HOA dues for the express purpose of maintaining common areas.

According to proponents, this bill is needed to ensure that when a HOA causes pesticides to be applied in and around a common interest development (CID) without hiring a licensed pest control operator (PCO) to perform the work, residents will receive the same notification of pesticide use that is required to be provided by a licensed PCO, if one had been hired by the HOA. When a licensed PCO is not employed to apply the pesticides, it is often because the management has determined that the problem can be treated using the same commercially available pesticides used by PCOs for residential pest problems.

Under this bill, residents of CIDs would be required to be notified of pesticide use, usually with 48-hour advance notice, if possible, whenever pesticides are to be applied by the HOA in a resident's separate interest or in the common areas of the property. The written notification seeks to ensure that tenants in rental property better understand the harms associated with chemicals used in and around their residences, and gives them advance warning to take precautionary measures, as necessary.

Notification rules pertaining to separate interests. The bill permits a CID resident, upon receiving the 48-hour advance written notification of upcoming pesticide use required by this bill, to agree in writing with the HOA to apply the pesticide at an agreed upon time. In addition, the bill allows the CID resident, even prior to receiving the written notice prescribed by the bill, to enter into an oral agreement with the landlord for immediate pesticide application if he or she requests that the pesticide be applied before 48-hour advance notice can be given. These provisions preserve flexibility in situations where the mandatory 48-hour advance notice period might thwart the HOA's ability to engage in immediate treatment of pest problems. In such cases, the bill still requires the oral agreement to include the name and brand of the pesticide that is proposed to be used, allowing the resident to take necessary precautions, request a different type of treatment, or request to have the treatment be applied at another time.

The bill also attempts to balance the rights of residents in adjacent separate units when 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). Balance is necessary because, Committee staff notes, an oral agreement for immediate treatment by an individual resident who is experiencing a pest problem should not result in the complete waiver of advance notification to a neighboring resident that would otherwise be provided if the treatment were scheduled for the next day, rather than on the same day of the request for treatment.

To achieve balance, the bill requires the HOA or authorized agent to provide tenants in adjacent units with the prescribed notice as soon as practicable after the oral agreement is made to authorize immediate pesticide application, but in no case is notice allowed to be given after commencement of the application of the pesticide. While neighboring owners or residents in such cases will not be guaranteed 24-hour advance notice, they would still be provided with some advance notice rather than none at all, and the HOA is required to provide notice as soon as practicable after an oral agreement is made. Practically speaking, some CID residents who are not home during the day 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 from home. For residents who are home all day, the provision of notice as soon as it can practicably be given is more likely to be beneficial, providing at least several hours of advance notice, rather than no notice at all.

Notification rules pertaining to common areas. Under the current version of the bill, when a HOA is planning to apply pesticide to a common area, the HOA or its authorized agent is required to provide individual notice to the owner and, if applicable, the tenant of the separate interest that is adjacent to a common area at least 48 hours prior to application of the pesticide. This provision is intended to make sure that the residents of separate interests are notified when a common area adjacent to their unit is about to be treated with pesticide. Individual notice, as defined under the Davis-Stirling Act, consists of mail (first-class, registered, or express) and by email, fax, or other electronic means (Civil Code Section 4040). The Committee notes, however, that a key objective of the bill, to provide advance warning to allow people with chemical sensitivities or health problems to take precautionary measures, is not fully realized unless a written notice is posted around the common area where the pesticide is to be applied. If, for example, a playground in the middle of the CID is the common area to be treated with pesticides, then all persons, including residents, visitors, or passersby to the playground would be better protected if the notification was posted in advance in a conspicuous place at the common playground area, rather than if only individual notice is mailed or emailed to owners or tenants of adjacent units.

Proposed author's amendments to post written notice in common areas. For these reasons, the author proposes to amend the bill to require the association, where practicable, to post the written notice in a conspicuous place in or around the common area in which the pesticide is to be applied. In some cases, the common area that needs pesticide treatment may, for example, be a shared crawlspace where pests are residing between the walls of two separate interests. In this case, the posting of a written notice may be impracticable, as there is no accessible point of access where it would make sense to post a written notice. It would, however, make sense to notify the separate owners whose interest is adjacent to the site to be treated. For this reason, the author's proposed amendments also specify that if posting the written notice is not practicable, then the association shall provide individual notice to the owners or tenants of the adjacent separate interests, as already specified in the bill. It should be noted that these amendments reflect corresponding notice requirements for pesticide treatment in common areas under SB 328, in the residential rental property context.

Proposed author's amendments to allow immediate pesticide treatment for health and safety reasons. The author proposes to amend the bill in another way that further harmonizes this bill with requirements enacted last year under SB 328. If a pest poses an immediate threat to health and safety, thereby making compliance with the notification requirements unreasonable prior to application of a pesticide in a common area, the proposed amendment allows the HOA to proceed with the pesticide treatment as long as it posts the notification of treatment at the common areas as soon as practicable, but not later than one hour after the pesticide is applied.

Other concerns expressed by homeowner associations. The Community Associations Institute (CAI), representing homeowners associations, does not oppose the bill, but has expressed some late concerns, particularly about the use of the term "tenant" to describe the potential recipient of the various notices required by this bill, and the method of delivering such notices. The author has signaled his intent to work with CAI and consider this question.

ARGUMENTS IN SUPPORT: This bill is supported by The Center for California Homeowner Association Law, a nonprofit organization that advocates on behalf of homeowners living in the state’s 50,000 associations:

The Center has documented numerous instances throughout the state in which vulnerable association residents have been subjected to pesticides without notice of any kind. “Vulnerable residents” means infants and children, the frail elderly, the disabled, those with chronic illness – for example respiratory ailments like asthma -- who live in associations. AB 2362 aims to cure this deficiency by requiring associations to give timely notice so that to residents may take steps to protect themselves and those they care for from potential harm. [. . .]

Decisions handed down by California Appellate Courts . . . clearly delineate the duties of the association to maintain the common areas. There may also be instances where the association will apply pesticides to the separate interest itself because it has become the source of infestation to the common areas. In both instances, residents living in common interest developments need timely notice if [someone other than a licensed PCO] plans to apply a pesticide that will impact their health and safety.

REGISTERED SUPPORT / OPPOSITION:

Support

Regional Asthma Management and Prevention (co-sponsor)

Center for California Homeowner Association Law (co-sponsor)

California Association of Code Enforcement Officers (CACEO)

California Rural Legal Assistance Foundation

Coalition for Economic Survival

Esperanza Community Housing

Koreatown Immigrant Workers Alliance (KIWA)

Pesticide Action Network

Western Center on Law & Poverty

Opposition

None on file

Analysis Prepared by:

Date of Hearing: April 12, 2016

ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS

Luis Alejo, Chair

ABPCA Bill Id:AB 2362 (

Author:Chu) – As Amended Ver:March 18, 2016

SUBJECT: Common interest developments: pesticide application

SUMMARY: Requires a homeowners association (HOA) to provide notification, as specified, to homeowners or tenants in a common interest development (CID) if the homeowners association applies pesticides without a licensed pest control operator. Specifically, this bill:

1. Makes legislative findings stating that existing law requires landlords to notify tenants of a rental unit when pesticides are applied without a pest control operator, and stating that it is the intent of this bill to enact similar notification requirements on HOAs at CIDs.
2. Requires an HOA, or its authorized agent, that applies any pesticide to a separate interest or to the common area of a CID, without a licensed pest control operator, to provide the owner or the tenant of an affected separate interest and, if making broadcast applications or using total release foggers or aerosol sprays, the owner or 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:
   1. The pest or pests to be controlled;
   2. The name and brand of the pesticide product proposed to be used;
   3. The approximate date, time, and frequency with which the pesticide will be applied;
   4. A statement that includes, "CAUTION – PESTICIDES ARE TOXIC CHEMICALS," and that gives specified information about the risks of pesticide exposure; symptoms of pesticide illness; and, contact information for the California Poison Control System, the County Health Department, and the Department of Pesticide Regulation; and,
   5. A statement that reads, "The approximate date, time, and frequency of this pesticide application is subject to change."
3. Requires, at least 48 hours prior to application of the pesticide to a separate interest, the HOA or its authorized agent to provide individual notice to the owner of the separate interest, as well as notice to any tenant of the separate interest, as well as any owner or tenant occupying any adjacent separate interest that is required to be notified.
4. Requires notice to tenants of separate interests to be provided in at least one of the following ways:
   1. First-class mail;
   2. Personal delivery to an occupant 18 years of age or older; or,
   3. Electronic delivery, if an electronic mailing address has been provided by the tenant.
5. Authorizes, upon receipt of written notification, the owner of the separate interest or the tenant to agree in writing or, if notification was delivered electronically, the tenant may agree through electronic delivery, to allow the HOA or authorized agent to apply a pesticide immediately or at an agreed upon time.
6. Authorizes, prior to receipt of written notification, the HOA or authorized agent to agree orally to an immediate pesticide application if the owner or occupant requests that the pesticide be applied before the 48-hour notification of the pesticide product proposed to be used.
7. Requires, if an owner or occupant enter into an oral agreement for immediate pesticide application, the HOA or authorized agent, no later than the time of pesticide application, to leave the written notice 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.
8. Requires, if any owner of a separate interest or occupant in an adjacent separate interest is also required to be notified, the HOA or authorized agent to 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.
9. Requires that a copy of a written notice be attached to the minutes of the board meeting of the HOA immediately subsequent the application of the pesticide.

EXISTING LAW:

1. 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:
   1. The pest to be controlled;
   2. The pesticide or pesticides proposed to be used and the active ingredient or ingredients;
   3. A statement which, among other things, includes "CAUTION-PESTICIDES ARE TOXIC CHEMICALS;" information regarding possible symptoms of pesticide illness; and, contact information for further information and to report pesticide illness; and,
   4. If a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (Business & Professions Code (BPC) § 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. (Civil Code § 1940.8.)
3. Requires, at least 24 hours prior to the application of a pesticide without a licensed pest control operator to a dwelling unit, a landlord to provide, by one of four specified ways, the tenant of that dwelling unit and any tenant in an adjacent dwelling unit with a specified written notice, similar to that required under BPC § 8538. (Civil Code § 1940.8.5(b)(1) and (2))
4. Authorizes, upon receipt of written notification, the tenant to agree in writing or through electronic delivery to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time. (Civil Code § 1940.8.5(b)(3)(A))
5. Requires, before application of any pesticide to a common area without a licensed pest control operator, excluding routine pesticide applications, a landlord to post a specified written notice in a conspicuous place in the common area in which a pesticide is applied. (Civil Code § 1940.8.5(c)(1))
6. Provides that if a pest poses an immediate threat to health and safety, thereby making compliance with notification prior to the pesticide application unreasonable, a landlord must post notification as soon as is practicable, but not later than one hour after the pesticide is applied. (Civil Code § 1940.8.5(c)(2)(C))
7. Requires a landlord that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator to provide a tenant in each dwelling unit with a specified written notice, including the schedule pursuant to which the pesticide will be routinely applied. (Civil Code § 1940.8.5(d)(1))
8. Exempts any landlord or HOA from providing notice of pesticide use without a pest control operator in a separate interest or in common areas within a CID. (Civil Code § 1940.8.5(b)(1)(4)(A); (c)(4); and (d)(2)(D))
9. Governs, under the Davis-Stirling Common Interest Development Act, CIDs. (Civil Code § 4000, et seq.)
10. Defines "common interest development" as a community apartment project, a condominium project, a planned development, or a stock cooperative. (Civil Code § 4100)
11. 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. (California Code of Regulations (CCR) Title 16, §1970.4.)
12. Requires a pest control operator to assure that the operator (including an HOA) of the property receives notice, which includes specified information, of the scheduled application. (CCR Title 3, §6618(b(1))
13. Requires the operator of property (including an HOA) to assure that the above notice is given to all persons who are on the property to be treated with pesticides, or who may enter during the application or the period of time that any restrictions on entry are in effect. (CCR Title 3, §6618(b)(2))

FISCAL EFFECT: Unknown.

COMMENTS:

Need for the bill. According to the author, "This bill seeks to extend the regulations imposed under SB 328 (Hueso) which requires landlords to provide tenants with notification of pesticide use if a landlord or property manager applies store-bought pesticides, the same as they would be obligated to do under the Structural Pest Control Act if a landlord or property manager hired a registered pest management professional to do the same job…

Because of the particular way they are regulated, SB 328 does not apply in the context of Home Owners Associations (HOAs). Therefore, those living in a condominium or townhouse, for example, are not afforded the same right to be notified when pesticides are applied by a non-licensed professional. AB 2362 would close this gap by adding provisions that mirror SB 328 in relation to HOAs. Doing this would ensure all tenants receive the same protections, regardless of the type of housing unit they rent."

Pesticide use around dwellings: According to the United State Environmental Protection Agency (U.S. EPA), Americans use more than a billion pounds of pesticides each year to combat pests on farm crops, in homes, places of business, schools, parks, hospitals, and other public places. In its Citizen’s Guide to Pest Control and Pesticide Safety, the 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… If used incorrectly, home-use pesticide products can be poisonous to humans."

Potential health impacts of pesticide exposure: The U.S. EPA reports that the adverse effects of pesticide exposure range from mild symptoms of dizziness and nausea to serious, long-term neurological, developmental and reproductive disorders. However, according to the study Acute Illnesses Associated with Pesticide Exposure at Schools, published in 2005 by the American Medical Association, pesticide poisoning is a commonly under-diagnosed illness. The clinical findings of acute pesticide poisoning are rarely pathognomonic, but instead resemble acute upper respiratory tract illness, conjunctivitis, gastrointestinal illness, and other conditions.

Children are at a greater risk from exposure to some pesticides for a number of reasons. Children's internal organs are still developing and maturing and their enzymatic, metabolic, and immune systems may provide less natural protection than those of an adult. There are critical periods in human development when exposure to a toxin can permanently alter the way an individual's biological system operates. In addition, children may be more likely to be exposed to certain pesticides because they behave differently than do adults. For instance, children's behaviors, such as playing on the floor or on the lawn where pesticides are commonly applied, or putting objects in their mouths, increase their chances of exposure to pesticides.

Notification requirements for pesticide applications: Notification of pesticide application enables those potentially affected to take precautions to avoid contact or exposure to pesticides. Since 1984, California law has required pest control companies to provide notice to the owner, or the owner's agent, and residents when applying pesticides at a property. The notice must be given prior to the application of pesticides, be clearly written, and, include details about the pesticide being applied, contact information for authorities for additional information and to report pesticide illness, and other information. SB 2143 (Bowen, Chapter 234, Statutes of 2000) added to these notification requirements that landlords must provide tenants with copies of the notices when the landlord contracts with a pest control company for periodic pest control service.

Expanding upon the requirement that pest control companies provide notification to owners and tenants of application, SB 398 (Hueso, Chapter 278, Statutes of 2015) requires landlords to provide similar notice to tenants if she or he applies a pesticide without the use of a registered pest control company. SB 398 includes specific notification requirements for landlords applying pesticides to individual dwelling units, non-routine application in common areas, and routine application in common areas. SB 398 specifically exempts HOAs from having to notify if pesticides are applied without a pest control operator in a CID.

Common interest developments (CIDs) and homeowners associations (HOAs): CIDs, also referred to as common interest communities and common interest realty associations, are a type of development with common areas, such as playgrounds, parking lots, and swimming pools. CIDs come in many structural types, architectural styles, and sizes, such as retirement communities, recreational communities, high-rise buildings, equestrian communities, lake-centered developments, golfing communities, artists' lofts, etc. They can be single family detached houses, two story townhouses, apartment-like buildings, or be in other forms. A CID can be a 2-unit development or a 20,000-unit development.

Despite the differences that may exist among CIDs, all CIDs are similar in that they allow individual owners the use of common property and facilities and provide for a system of self-governance through an HOA within the CID. According to the Department of Real Estate, the most common type of HOA is a nonprofit mutual benefit corporation. This is a corporation in which the members of the corporation (homeowners) vote for a board of directors to manage the CID and its residents. However, some associations, usually the older ones, are unincorporated associations. In many ways, unincorporated associations are treated the same as mutual benefit corporations under California law.

Because CIDS and HOAs are governed under the Davis-Stirling Act (Civil Code § 4000, et seq.), with unique requirements, and landlord and tenant requirements fall under different statutes and have different requirements, requiring HOAs to notify for pesticide application in CIDs was not included in SB 398.

This bill seeks to close that gap. While the main notification requirements for both HOAs under this bill and landlords under current law are similar, there are some differences. These include requiring 48 hours for notification versus 24 hours; allowing the notice to be posted in a "conspicuous place" in non-CID circumstances; requiring personal delivery to an occupant 18 years of age or older versus in a CID to "someone of suitable age" or under the door; and not having specific provisions for emergency applications in CIDs. The supporters of the bill argue that these differences are to reflect the unique requirements on and structure of CIDs and HOAs; to provide clarity; and to provide additional protections for those potentially affected by the application of pesticides.

Double referral: This bill has been double referred. Should this bill pass out of the Assembly Environmental Safety and Toxic Materials Committee, it will be referred to the Assembly Judiciary Committee.

Committee amendments: In order to provide clarity and consistency, the Committee may wish to amend the bill as follows:

1. Clarify that all notifications of pesticide application, as required by the bill, are provided to tenants, if there are any, and not just to owners of units in a CID.
2. Provide consistency throughout the bill by referring to a person, other than the owner, living in the separate interest as "tenant," not as "occupant."
3. On Page 4, line 14, Section 4777(b)(2), clarify that notice is also required for application of pesticides in the common area.

REGISTERED SUPPORT / OPPOSITION:

Support

Regional Asthma Management and Prevention (sponsor)

Center for California Howeowner Association Law

Esperanza Community Housing

Koreatown Immigrant Workers Alliance (KIWA)

Pesticide Action Network

Opposition

None on file.

Analysis Prepared by: Shannon McKinney / E.S. & T.M. / (916) 319-3965