Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.

This bill, with certain exceptions, would require the landlord or the landlords authorized agent, as defined, to provide a tenant, and, if certain conditions are met, any tenant of adjacent units, with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator.

The bill, with certain exceptions, would require the posting of a similar notice at least 24 hours prior to application of any pesticide to a common area without a licensed 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. For routine application pursuant to a schedule in common areas, the bill would require a notification to existing tenants prior to the initial routine application and to new tenants at the time that the lease agreement is entered into.

Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.

This bill, with certain exceptions, would require the landlord or the landlords authorized agent, as defined, to provide a tenant, and, if certain conditions are met, any tenant of adjacent units, with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator.

The bill, with certain exceptions, would require the posting of a similar notice at least 24 hours prior to application of any pesticide to a common area without a licensed 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. For routine application pursuant to a schedule in common areas, the bill would require a notification to existing tenants prior to the initial routine application and to new tenants at the time that the lease agreement is entered into.

Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.

This bill would bill, with certain exceptions, would require the landlord or the landlords authorized agent, as defined, to provide a tenant, and and, if certain conditions are met, any tenant of adjacent units, with specified 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 would bill, with certain exceptions, would require the posing posting of a similar notice at least 24 hours prior to application of any pesticide to 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. For routine application pursuant to a schedule in common areas, the bill would require a notification to existing tenants prior to the initial routine application and to new tenants at the time that the lease agreement is entered into.

Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.

This bill would require the landlord or the landlords authorized agent, as defined, to provide a current tenant tenant, and any tenant of adjacent units, with specified 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.

Existing law regulates the hiring of dwelling units, as defined. Existing law requires a landlord of a residential dwelling unit to provide a new tenant with certain disclosures, including, but not limited to, specified notice from a registered structural pest control company regarding the use of pesticides at the dwelling unit if a contract for periodic pest control service has been executed.

This bill would require the landlord or the landlords authorized agent, as defined, to provide a current tenant with specified notice of the use of pesticides at the dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator.

 UNFINISHED BUSINESS  

Bill No: SB 328

Author: Hueso (D)

Amended: 8/17/15

Vote: 21

SENATE JUDICIARY COMMITTEE: 5-2, 5/12/15

AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski

NOES: Moorlach, Anderson

SENATE FLOOR: 23-15, 6/2/15

AYES: Allen, Beall, Block, De León, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk

NOES: Anderson, Bates, Berryhill, Cannella, Fuller, Gaines, Galgiani, Glazer, Huff, Moorlach, Morrell, Nielsen, Runner, Stone, Vidak

NO VOTE RECORDED: Mendoza, Nguyen

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

SUBJECT: Landlords: notice of pesticide use

SOURCE: California Association of Code Enforcement Officers

Regional Asthma Management and Protection

DIGEST: This bill requires a landlord or a landlord’s agent to provide affected tenants with advance written notice of the use of pesticides at a dwelling unit if the landlord or authorized agent applies any pesticide without a licensed pest control operator. This bill requires the posting of a similar notice at least 24 hours prior to applying a pesticide in a common area without a licensed pest control operator, unless the pest poses an immediate threat to health and safety, in which case the notice would be required to be posted as soon as practicable, but not later than one hour after the pesticide is applied.

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

ANALYSIS:

Existing law:

1. Regulates the terms and conditions of residential tenancies and generally requires a landlord to keep a rental unit in a condition fit for occupancy. (Civ. Code Sec. 1940 et seq.)

2. Creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code Sec. 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)

3. Provides that any building or portion thereof including any dwelling unit, guestroom or suite of rooms, in which there exists an infestation of insects, vermin, or rodents to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed a substandard building. (Health & Saf. Code Sec. 17920.3.)

4. States that a registered structural pest control company shall provide the owner, or owner’s agent, and tenant of the premises for which work is to be done with clear written notice. (Bus. & Prof. Code Sec. 8538.)

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

• the pest to be controlled;

• the pesticide or pesticides proposed to be used, and the active ingredient or ingredients;

• a statement which, among other things, provides “CAUTION-PESTICIDES ARE TOXIC CHEMICALS.” The statement must also include notice regarding possible symptoms of illness, and various persons to contact for further information; and

• if a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (Bus. & Prof. Code Sec. 8538.)

6. 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.)

7. 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.)

8. Requires, by regulation, registered structural pest control operators to leave in a conspicuous location a written notice identifying the common, generic or chemical name of each pesticide applied within or around a structure, and states that such notice may be provided by a door hanger, invoice, billing statement or other similar written document which contains the registered company’s name, address, and telephone number. Existing regulations specify that in the case of a multiple family structure, such notice may be given to the designated agent or the owner, and that for external pest control servicing to a multiple family dwelling consisting of more than 4 units, notices shall be posted in heavily frequented, highly visible areas including, but not limited to, all mailboxes, the manager’s apartment, in all laundry rooms, and community rooms. (16 Cal. Code Reg. Sec. 1970.4.)

This bill:

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

• the pest or pests to be controlled;

• the name and brand of the pesticide product proposed to be used;

• the approximate date, time, and frequency with which the pesticide will be applied; and

• a specified statement regarding the toxicity of pesticides.

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

   • first-class mail;

   • personal delivery to the tenant, someone of suitable age and discretion at the premises, or under the usual entry door of the premises;

   • electronic delivery, if an electronic mailing address has been provided by the tenant; or

   • posting a written notice in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.

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

4. 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.

5. 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.

6. 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.

7. Specifies that landlords and their authorized agents are not liable for any notice removed from a common area without the knowledge or consent of the landlord or authorized agent.

8. Specifies that a landlord or authorized agent that routinely applies pesticide in a common area on a set schedule without a licensed pest control operator shall provide a tenant in each dwelling unit with written notice that contains the following statements and information using words with common and everyday meaning:

   • the pest or pests to be controlled;

   • the name and brand of the pesticide product proposed to be used;

   • the schedule pursuant to which the pesticide will be routinely applied; and

   • a specified statement regarding the toxicity of pesticides.

9. Defines the following terms:

• “Adjacent dwelling unit” means a dwelling unit that is directly beside, above, or below a particular dwelling unit.

• “Authorized agent” means an individual, organization, or other entity that has entered into an agreement with a landlord to act on the landlord’s behalf in relation to the management of a residential rental property.

• “Broadcast application” means spreading pesticide over an area greater than two square feet.

• “Electronic delivery” means delivery of a document by electronic means to the electronic address at or through which a tenant, landlord, or authorized agent has authorized electronic delivery.

• “Landlord” means an owner of residential rental property.

• “Pest” means a living organism that causes damage to property or economic loss, or transmits or produces diseases.

• “Pesticide” means any substance, or mixture of substances, that is intended to be used for controlling, destroying, repelling, or mitigating any pest or organism, excluding antimicrobial pesticides as defined by the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. Sec. 136(mm)).

• “Licensed pest control operator” means anyone licensed by the state to apply pesticides.

10. Makes related findings and declarations.

Background

According to the American Association of Poison Control Centers, Americans placed over 3 million calls to poison control centers in 2013, the most recent year for which data is available. (American Association of Poison Control Centers, 2013 Annual Report of the American Association of Poison Control Centers’ National Poison Data System <https://aapcc.s3.amazonaws.com/pdfs/ annual_reports/2013_NPDS_Annual_Report.pdf [as of May 10, 2015].) 2.2 million of these calls involved cases where people came into contact with dangerous or potentially dangerous substances. Poison control centers handled over 85 thousand calls regarding potential exposure to pesticides in 2013, placing pesticide-related calls within the top ten categories of calls received that year. For adults over 19 years old, pesticide exposure was among the top 5 reported human exposure substance categories. (American Association of Poison Control Centers, Poison Center Data Snapshot - 2013 <https://aapcc.s3.amazonaws.com/ pdfs/annual_reports/2013_AR_Data_Snapshot_FINAL.pdf [as of May 10, 2015].) Given that 93 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 most pesticide-related calls to poison control involve 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) <http://www.epa.gov/opp00001/ pestsales/07pestsales/market_estimates2007.pdf [as of May 10, 2015].)

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) <http://www.epa.gov/oppfead1/Publications/ Cit_Guide/citguide.pdf [as of May 10, 2015].)

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. This bill requires landlords or their agents to provided tenants with advance written notice of the use of pesticides at a dwelling unit at least 24 hours prior to their application if the landlord or agent applies any pesticide without a licensed pest control operator.

Comments

The author writes:

Current law requires that a tenant be notified when a registered pest management professional is going to potentially expose them to pesticides. However, such notification is not required when a landlord or property manager applies over-the-counter pesticides on their own, leaving tenants without any information about their exposure to pesticides. As a result, tenants have no way to protect their families from these harmful toxins.

SB 328 would require landlords that apply pesticide products to their properties to provide tenants with prior notification of the pest being treated, the product being used, and basic health and safety information, including symptoms to look for and phone numbers to local poison control centers. Landlords already must get consent from tenants to enter their units. Adding this notification to the existing landlord-tenant communication process when pesticides are being applied will standardize the information shared and ensures tenants are fully aware of the pesticide products used in their homes.

Related/Prior Legislation

SB 1167 (Hueso, Chapter 81, Statutes of 2014) expanded the duty of individuals who possess property infested with rodents to immediately exterminate and destroy the rodents, to also require those individual to abate specified conditions causing the infestation. This bill also authorized specified agencies and governing bodies to abate the conditions causing the rodent infestation, and directed that an agency’s abatement order include abatement of specified conditions that the agency determines to have caused the infestation.

SB 1411 (Jackson, 2014) would have authorized county agricultural commissioners to adopt regulations to prohibit the use of any pesticide within one-quarter mile of a school, and would have required schools and other specified sites within one-quarter mile of planned pesticide application be notified in writing in advance. This bill would have required the placement of signs in agricultural fields that include the name of the pesticide, date and time of any restricted entry interval, and the telephone numbers of the commissioner and pesticide applicator. This bill died in the Senate Agriculture Committee.

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

AB 2260 (Shelley, Chapter 718, Statutes 2000) established the Healthy Schools Act of 2000. This bill required that the preferred method of managing pests at schoolsites be “effective least toxic pest management practices,” required each schoolsite to maintain records of all pesticide use at the schoolsite for a period of 4 years and make the records available to the public upon request, and required, on an annual basis, the school district to provide to all staff and parents or guardians of pupils enrolled at a school written notification addressing, among other things, expected pesticide use.

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

SUPPORT: (Verified 7/14/15)

California Association of Code Enforcement Officers (co-source)

Regional Asthma Management and Protection (co-source)

Black Women for Wellness

Breast Cancer Action

California Healthy Nail Salon Collaborative

California Rural Legal Assistance Foundation

California Pan-Ethnic Health Network

Californians for a Healthy and Green Economy

Center for Environmental Health

Clean Water Action

Coalition for Clean Air

Environmental Working Group

Healthy Homes Collaborative

Instituto de Educacion Popular del Sur de California

Oakland Tenants Union

Pacoima Beautiful

Pest Control Operators of California

Pesticide Action Network, North America

Physicians for Social Responsibility – Los Angeles

San Francisco Asthma Task Force

San Francisco Bay Area Physicians for Social Responsibility

SoCalCOSH

Society for Allergy Friendly Environment

Unquilinos Unidos/United Tenants

Western Center on Law & Poverty

OPPOSITION: (Verified 7/14/15)

None Received

ASSEMBLY FLOOR: 78-0, 8/20/15

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

NO VOTE RECORDED: Chu, Patterson

Prepared by: Tobias Halvarson / JUD. / (916) 651-4113

8/21/15 16:05:06

**** END ****

SENATE THIRD READING

STR Bill Id:SB 328

Author:(Hueso)

As Amended Ver:August 17, 2015

Majority vote

SENATE VOTE: 23-15

SUMMARY: Requires landlords of residential rental property to provide tenants with 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 landlord seeks to apply the pesticide without a licensed pest control operator. Specifically, this bill:

1. Requires a landlord or authorized agent that applies a pesticide to a dwelling unit without a licensed pest control operator to provide tenants of that unit with a specified written notice (described below). Further requires the landlord, if making a broadcast application (as defined) or using total release foggers or aerosol spray, to provide the same notice to any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use.

2. Requires the landlord or authorized agent to provide the above notice at least 24 hours prior to application, to both the tenant of the dwelling unit as well as any tenants in adjacent units that, in certain circumstances, are required to be notified.

3. Provides that whenever the written notification required by this bill must be provided to appropriate tenants, it may be provided in at least one of the following methods: a) first class mail; b) personal delivery, as specified; c) electronic delivery, if the tenant has provided one; and d) written notice posted in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.

4. Requires the written notice above to contain the following statements and information using words with common and everyday meaning:

   1. The pest to be controlled;

   2. The name and brand of the pesticide product proposed to be used;

   3. A statement which, among other things, reads "CAUTION-PESTICIDES ARE TOXIC CHEMICALS" and that gives notice regarding possible symptoms of illness, and various authorities to contact for further information;

   4. The approximate date, time, and frequency with which the pesticide will be applied, plus a disclaimer that the date, time, or frequency is subject to change.

5. Allows the tenant, upon receipt of the above notice, to agree in writing to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time.

6. Allows the tenant, prior to receiving the above notice, to agree orally with the landlord or authorized agent to an immediate pesticide application if a tenant requests that the pesticide be applied before 24-hour advance notice can be given. Provides that the oral agreement shall include the name and brand of the pesticide product proposed to be used.

7. With respect to a tenant entering into an oral agreement for immediate pesticide application, requires the landlord or his authorized agent, no later than the time of pesticide application, to leave the written notice in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice.

8. With respect to any tenants in adjacent dwelling units who must also be notified of pesticide treatment in their neighbors' adjacent unit, requires the landlord or authorized agent to provide those tenants with such 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. Clarifies these provisions should not be construed to require a homeowner's association to provide notice of pesticide use in a separate interest dwelling unit within a common interest development, except in cases where the association has taken title to the separate interest and is renting out the premises in the shoes of a landlord.

10. Requires a landlord or authorized agent that applies a pesticide to a common area of the property without a licensed pest control operator to post a specified written notice in a conspicuous place in the common area in which a pesticide is to be applied. Further requires the notice to be posted before a pesticide is applied in a common area and to remain posted for at least 24 hours after the pesticide is applied.

11. Provides that if the pest poses an immediate threat to health and safety, necessitating immediate treatment, then the written notice must be posted by the landlord or his agent as soon as practicable, but not later than one hour after the pesticide is applied.

12. Requires a landlord or authorized agent that routinely applies a pesticide in a common area of the property on a set schedule without a licensed pest control operator to post a specified written notice, including:

    1. The pest to be controlled;

    2. The name and brand of the pesticide product proposed to be used;

    3. A statement which, among other things, reads "CAUTION-PESTICIDES ARE TOXIC CHEMICALS" and that gives notice regarding possible symptoms of illness, and various authorities to contact for further information;

    4. The schedule which the pesticides will be routinely applied.

13. Requires the above notice to be provided to existing tenants prior to the initial pesticide application as well as each new tenant prior to entering into a lease agreement, and requires a new notice to be provided if the pesticide to be used is changed.

14. Clarifies that this bill shall not be construed to require any landlord, agent or homeowner's association to provide notice of pesticide use in common areas within a community interest development.

15. Clarifies that nothing in this bill authorizes a landlord or his authorized agent to enter a tenant's dwelling unit in violation of tenant protections under Civil Code Section 1954.

16. States that if a tenant is provided notice under this section, a landlord or his authorized agent is not required to provide additional information, and the information shall be deemed to be adequate to inform the tenant regarding the application of pesticides.

FISCAL EFFECT: None

COMMENTS: This bill follows a number of previous bills enacted by the Legislature to provide affected communities with notice prior to the application of pesticides in their surroundings. The written notification provided by this bill helps ensure that tenants in rental property better understand the harms associated with chemicals being used in and around their residences, and would give them advance warning to take precautionary measures, as necessary, to protect residents with chemical sensitivities or pesticide related health problems. While the pesticides used by landlords and their agents likely differ in strength and toxicity to those used by structural pest control operators, this bill seeks to close a gap in existing law that requires tenants be given prior notice of pesticide application when carried out by the latter but not the former. In addition, the written notification and methods of service prescribed by this bill are further aligned with similar notice requirements in existing law that applies to treatments carried out by pest control operators.

Scope of this bill narrowed with respect to property within a common interest development. According to the author, this bill is crafted to ensure tenants in residential rental property are notified of pesticide use, usually with 24-hour advance notice, if possible, whenever pesticides are to be applied in their dwelling unit, in an adjacent dwelling unit of another tenant, or in the common areas of the property. Because tenants already are supposed to receive such notification when the pesticide treatment is administered by a licensed pest control operator (PCO), this bill simply seeks to have the same notice provided when the pesticide treatment is carried out by the landlord or his authorized agent (e.g. a property manager), oftentimes using the same commercially available pesticide products used by PCOs for ordinary residential pest problems.

In order to accomplish this worthy objective, this bill amends the chapter of the Civil Code that outlines the rights and responsibilities of parties who have entered into a landlord-tenant relationship. Because this chapter of the Civil Code governs the landlord-tenant relationship, it applies regardless of whether the property itself lies within a community interest development (CID). 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 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.

With respect to pesticide treatment inside a dwelling unit, this bill is clear that its provisions apply to landlords and tenants in all residential rental property, whether or not the unit is within an apartment building or within a CID. With respect to pesticide treatment in common areas of the property, however, the scope of this bill's requirements are not as clear for two reasons. First, in the CID context, the common areas are generally under the control of the board of the HOA and the management, not the "landlord" who in this case is an owner of a separate interest renting his individual unit to a tenant. Second, in the context of a separate interest dwelling unit being rented by the owner to a tenant, the adjacent units are typically occupied by other owners of separate interests in the CID, and not occupied by other tenants of the same landlord, as they ordinarily are in a multiunit apartment building. These distinctions create some ambiguities in the CID context for provisions of this bill that require a landlord to provide notice when causing common areas to be treated with pesticide, or to provide notification to tenants in adjoining units when treating inside a particular dwelling unit for pests.

Accordingly, recent amendments now clarify that this bill shall not be construed to require any landlord, agent or homeowner's association to provide notice of pesticide use in common areas within a community interest development. In addition, this bill now clarifies that it is not intended to require a HOA to provide notice of pesticide use inside a separate interest dwelling unit within a CID, except in cases where the association has taken title to the separate interest and is renting out the premises – thus essentially acting as a landlord to the renter of the unit. Finally, although it is not expressly clarified in this bill, the provisions that require the landlord to provide "tenants in adjacent dwelling units" with notification as soon as practicable after an oral agreement is made authorizing immediate pesticide application in a particular dwelling unit cannot be said to apply in the CID context – because the occupants of adjacent units in the CID are generally not "tenants" of the landlord/owner who would have such duty under this bill; instead they are fellow owners of separate interests in the CID.

According to the author, this bill should not be construed to endorse any principle that residents of CIDs are undeserving of the right to be notified of pesticide treatment in adjoining units or common areas of the CID. Instead, the author recognizes certain limitations of this bill with respect to these issues in the CID context, and believes that the best approach for future legislation to properly address these issues is to amend the Davis-Stirling Act with more careful input and consideration than could be achieved in this bill at this time. In short, recent amendments taken together clarify that the scope of this bill is limited to: 1) the landlord-tenant context for all pesticide use on non-CID rental property; and 2) in a CID property, only with respect to the landlord's responsibility to notify his particular tenants of pesticide use within the separate interest, but not to notify adjacent units occupied by other owners of separate interests.

Oral agreement permitted to enable immediate pesticide treatment. In response to concerns raised by apartment associations that the earlier version of this bill would have prevented landlords from responding to tenant's requests for immediate treatment of pest problems because of the mandatory 24-hour advance notice period, the author and apartment associations negotiated amendments to increase flexibility of the rule. As a result, this bill now allows the tenant, prior to receiving the written notice, to enter into an oral agreement with the landlord for immediate pesticide application if the tenant requests that the pesticide be applied before 24-hour advance notice can be given. In such cases, this bill still requires the oral agreement to include the name and brand of the pesticide product proposed to be used, because this is important information that the tenant should have before the pesticide treatment is carried out so that he or she can take necessary precautions, request a different type of treatment, or request to have the treatment later in time, rather than immediately or within the same day as the oral agreement.

Recent amendments also attempt to strike a balance with respect to the rights of tenants in adjacent dwelling units who under this bill would ordinarily also be notified of pesticide treatment in their neighbors' adjacent unit when that 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.) Proponents were concerned that an oral agreement for immediate treatment by the individual tenant experiencing a pest problem should not result in the complete waiver of advance notification to neighboring tenants that they would otherwise receive if the treatment were scheduled for the next day, rather than on the same day of the request for treatment.

As recently amended, this bill now requires the landlord or authorized agent to provide tenants in adjacent units with the prescribed 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. While neighboring tenants in such cases will not be guaranteed 24-hour advance notice, they still will be provided with the notice rather than none at all, and the landlord must provide such notice as soon as practicable after the triggering oral agreement is made. For some tenants who are not home at all during the day, they 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. For tenants who were home all day, the provision of the notice as early as it could practicably be given may still be beneficial by providing several hours of advance notice to take precautions if necessary, rather than receiving no notice at all until the treatment is already administered. With these amendments allowing flexibility for immediate pesticide treatment and adjusting corresponding notice requirements, all of the apartment associations who had expressed concerns have removed their opposition to this bill.

Notice requirements for pesticide treatment of common areas, including one-time and routine treatments. Under the previous version of this bill, landlords expressed concerns that the notification rules for common areas would burden landlords by requiring excessively frequent new notification, for example, whenever weed killers (an herbicide and form of pesticide) were administered to common area lawns on a regularly scheduled basis without the involvement of a licensed PCO. In order to address these concerns, this bill now differentiates between one-time pesticide treatment in a common area and routinely scheduled pesticide applications, such as regular lawn and garden maintenance involving weed killers or other herbicides that fall under this bill's definition of pesticides. The notice to tenants for routine application of pesticides to a common area includes the standard information in the notice prescribed by this bill, in addition to the schedule by which the pesticides will be routinely applied. Recent amendments also require the landlord or his agent to provide the notice to existing tenants prior to the initial pesticide application, and then to each new tenant prior to entering into a lease agreement. Finally, a new notification would be required to be provided if the chosen pesticide were to change, so that tenants would be receiving correct and updated information about the pesticides being used.

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334 FN: 0001298

Date of Hearing: July 14, 2015

ASSEMBLY COMMITTEE ON JUDICIARY

Mark Stone, Chair

SBPCA Bill Id:SB 328

Author:(Hueso) – As Amended Ver:May 4, 2015

As Proposed to be Amended

SENATE VOTE: 23-15

SUBJECT: LANDLORDS: NOTICE OF PESTICIDE USE

KEY ISSUE: should tenants in rental property, In order to maximize their opportunity to protect themselves, their pets, and their families from health problems associated with exposure to pesticides, be entitled to notification of pesticide use in or around their residence, whether the landlord applies the pesticides himself, or hires a licensed pest control operator to Apply them?

SYNOPSIS

Existing law requires that a tenant be provided with a specified written notification prior to pesticide treatment when a licensed pest control operator (PCO) is going to administer the treatment and potentially expose the tenant and his family to pesticides. The author notes that such notification is not required, however, when a landlord or property manager applies over-the-counter pesticides on their own, leaving tenants without any information about their exposure to pesticides. As a result, in those situations, tenants lack information and are less able to protect their families from potentially harmful pesticide exposure.

This bill, sponsored by Regional Asthma Management and Protection and the California Association of Code Enforcement Officers, seeks to fix this discrepancy and ensure that tenants 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. Specifically, this bill requires a landlord or authorized agent who applies a pesticide to a dwelling unit without a licensed pest control operator to provide tenants of that unit with a specified written notice, in most cases, with 24 hours advance notice. The bill also requires the landlord, if making a broadcast application or using total release foggers or aerosol spray, to provide the same notice to any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use. As proposed to be amended, the bill allows the tenant, prior to receiving the written notice prescribed by the bill, to enter into an oral agreement with the landlord for immediate pesticide application if the tenant requests that the pesticide be applied before 24-hour advance notice can be given. In addition, the proposed amendments require the landlord or authorized agent to provide tenants in adjacent units with the prescribed 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. With these amendments allowing flexibility for immediate pesticide treatment and adjusting corresponding notice requirements, all of the apartment associations who had expressed concerns have removed their opposition and are believed to be neutral on the bill.

Among other things, the proposed amendments also narrow the scope of the bill with respect to its application to rental property within community interest developments (CIDs). As proposed to be amended, the bill clarifies that it is not intended to apply to common areas in non-CID rental properties, and more specifically, shall not be construed to require any landlord, agent or homeowner's association to provide notice of pesticide use in common areas within a community interest development. With these amendments, homeowner associations and CID managers who had expressed concerns with the bill do not oppose, and as proposed to be amended, the bill no longer has any known opposition.

SUMMARY: Requires landlords of residential rental property to provide to tenants, including in some cases neighboring tenants in adjacent units, 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 landlord seeks to apply the pesticide without a licensed pest control operator. Specifically, this bill:

1. Requires a landlord or authorized agent that applies a pesticide to a dwelling unit without a licensed pest control operator to provide tenants of that unit with a specified written notice (described below). Further requires the landlord, if making a broadcast application (as defined) or using total release foggers or aerosol spray, to provide the same notice to any tenant in an adjacent dwelling unit that could reasonably be impacted by the pesticide use.

2. Requires the landlord or authorized agent to provide the above notice at least 24 hours prior to application, to both the tenant of the dwelling unit as well as any tenants in adjacent units that, in certain circumstances, are required to be notified.

3. Provides that whenever the written notification required by this bill must be provided to appropriate tenants, it may be provided in at least one of the following methods: a) first class mail; b) personal delivery, as specified; c) electronic delivery, if the tenant has provided one; and d) written notice posted in a conspicuous place at the unit entry in a manner in which a reasonable person would discover the notice.

4. Requires the written notice above 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, reads “CAUTION-PESTICIDES ARE TOXIC CHEMICALS” and that gives notice regarding possible symptoms of illness, and various authorities to contact for further information;

   4. The approximate date, time, and frequency with which the pesticide will be applied, plus a disclaimer that the date, time, or frequency is subject to change.

5. Allows the tenant, upon receipt of the above notice, to sign a written waiver to agree to allow the landlord or authorized agent to apply a pesticide immediately or at an agreed upon time.

6. Allows the tenant, prior to receiving the above notice, to agree orally with the landlord or authorized agent to an immediate pesticide application if a tenant requests that the pesticide be applied before 24-hour advance notice can be given. Provides that the oral agreement shall include the name and brand of the pesticide product proposed to be used.

7. With respect to a tenant entering into an oral agreement for immediate pesticide application, requires the landlord or his authorized agent, no later than the time of pesticide application, to leave the written notice in a conspicuous place in the dwelling unit, or at the entrance of the unit in a manner in which a reasonable person would discover the notice.

8. With respect to any tenants in adjacent dwelling units who must also be notified of pesticide treatment in their neighbors' adjacent unit, requires the landlord or authorized agent to provide those tenants with such 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. Clarifies these provisions should not be construed to require a homeowner's association to provide notice of pesticide use in a separate interest dwelling unit within a common interest development, except in cases where the association has taken title to the separate interest and is renting out the premises in the shoes of a landlord.

10. Requires a landlord or authorized agent that applies a pesticide to a common area of the property without a licensed pest control operator to post a specified written notice in a conspicuous place in the common area in which a pesticide is to be applied. Further requires the notice to be posted before a pesticide is applied in a common area and to remain posted for at least 24 hours after the pesticide is applied.

11. Provides that if the pest poses an immediate threat to health and safety, necessitating immediate treatment, then the written notice must be posted by the landlord or his agent as soon as practicable, but not later than one hour after the pesticide is applied.

12. Requires a landlord or authorized agent that routinely applies a pesticide in a common area of the property on a set schedule without a licensed pest control operator to post a specified written notice, including:

    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, reads “CAUTION-PESTICIDES ARE TOXIC CHEMICALS” and that gives notice regarding possible symptoms of illness, and various authorities to contact for further information;

    4. The schedule which the pesticides will be routinely applied.

13. Requires the above notice to be provided to existing tenants prior to the initial pesticide application as well as each new tenant prior to entering into a lease agreement, and requires a new notice to be provided if the pesticide to be used is changed.

14. Clarifies that this bill shall not be construed to require any landlord, agent or homeowner's association to provide notice of pesticide use in common areas within a community interest development.

15. Clarifies that nothing in this bill authorizes a landlord or his authorized agent to enter a tenant's dwelling unit in violation of tenant protections under Civil Code Section 1954.

16. States that if a tenant is provided notice under this section, a landlord or his authorized agent is not required to provide additional information, and the information shall be deemed to be adequate to inform the tenant regarding the application of pesticides.

EXISTING LAW:

1. Regulates the terms and conditions of residential tenancies and generally requires a landlord to keep a rental unit in a condition fit for occupancy. (Civil Code Section 1940 et seq.)

2. Provides that any building or portion thereof, including any dwelling unit, shall be deemed to be a substandard building if certain specified conditions exist to an extent that it endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof. With respect to inadequate sanitation, these conditions include, among other things:

   1. Infestation of insects, vermin, or rodents as determined by a health officer or a code enforcement officer, as provided.

   2. General dilapidation or improper maintenance. (Health and Safety Code Section 17920.3.)

3. 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, provides “CAUTION-PESTICIDES ARE TOXIC CHEMICALS” and that also includes notice regarding possible symptoms of illness, and various persons to contact for further information;

4. If a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (Business & Professions Code Section 8538.)

1. 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.)

2. Pursuant to existing regulations, 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. (16 Cal. Code Reg. Sec. 1970.4.)

3. Pursuant to existing regulations, provides 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.)

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

COMMENTS: According to the author:

Current law requires that a tenant be notified when a registered pest management professional is going to potentially expose them to pesticides. However, such notification is not required when a landlord or property manager applies over-the-counter pesticides on their own, leaving tenants without any information about their exposure to pesticides. As a result, tenants have no way to protect their families from these harmful toxins.

SB 328 would require landlords that apply pesticide products to their properties to provide tenants with prior notification of the pest being treated, the product being used, and basic health and safety information, including symptoms to look for and phone numbers to local poison control centers. Landlords already must get consent from tenants to enter their units. Adding this notification to the existing landlord-tenant communication process when pesticides are being applied will standardize the information shared and ensures tenants are fully aware of the pesticide products used in their homes.

The California Association of Code Enforcement Officers, co-sponsor of the bill, states:

The Environmental Protection Agency has concluded that nearly three quarters of American households use pesticides in the home in any given year. This is a matter of utmost seriousness, since pesticides have been linked to damage to the central nervous system, respiratory issues, as well as birth defects and cancers. These heath issues are exacerbated when pesticide use takes place where children are in the dwelling. SB 328 is rooted in the solid premise that the most effective way to reduce pesticide health hazards is to take precautions to avoid pesticide exposure. In that connection, it is axiomatic that tenants should be given notice concerning pesticide application in their home, which, in turn, [gives] them the opportunity to take precautions once armed with that knowledge.

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 bill follows that recent trend of providing affected communities with notice prior to the application of pesticides in their surroundings. The written notification provided by this bill would help ensure that tenants in rental property better understand the harms associated with chemicals being used in and around their residences, and would give them advance warning to take precautionary measures, as necessary, to protect residents with chemical sensitivities or pesticide related health problems. While the pesticides used by landlords 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 tenants be given prior notice of pesticide application when carried out by the latter but not the former. Proposed technical amendments by the author further align the written notification and methods of service prescribed by this bill with similar notice requirements in existing law (Business and Professions Code Section 8538) that applies to treatments carried out by pest control operators.

Proposed amendments narrow the scope of the bill with respect to property within a common interest development. According to the author, this bill is crafted to ensure tenants in residential rental property are notified of pesticide use, usually with 24-hour advance notice, if possible, whenever pesticides are to be applied in their dwelling unit, in an adjacent dwelling unit of another tenant, or in the common areas of the property. Because tenants already are supposed to receive such notification when the pesticide treatment is administered by a licensed pest control operator (PCO), this bill simply seeks to have the same notice provided when the pesticide treatment is carried out by the landlord or his authorized agent (e.g. a property manager), oftentimes using the same commercially available pesticide products used by PCOs for ordinary residential pest problems.

In order to accomplish this worthy objective, the bill amends the chapter of the Civil Code that outlines the rights and responsibilities of parties who have entered into a landlord-tenant relationship. (Chapter 2 of Title 5 of Part 4 of Division 3 of the Civil Code, commencing with Section 1940.) Because this chapter of the Civil Code governs the landlord-tenant relationship, it applies regardless of whether the property itself lies within a community interest development (CID) or not.

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.

With respect to pesticide treatment inside a dwelling unit, the bill is clear that its provisions apply to landlords and tenants in all residential rental property, whether or not the unit is within an apartment building or within a CID. With respect to pesticide treatment in common areas of the property, however, the scope of the bill's requirements are not as clear for two reasons. First, in the CID context, the common areas are generally under the control of the board of the HOA and the management, not the "landlord" who in this case is an owner of a separate interest renting his individual unit to a tenant. Second, in the context of a separate interest dwelling unit being rented by the owner to a tenant, the adjacent units are typically occupied by other owners of separate interests in the CID, and not occupied by other tenants of the same landlord, as they ordinarily are in a multiunit apartment building. These distinctions create some ambiguities in the CID context for provisions of this bill that require a landlord to provide notice when causing common areas to be treated with pesticide, or to provide notification to tenants in adjoining units when treating inside a particular dwelling unit for pests.

As proposed to be amended, the author seeks to clarify that this bill shall not be construed to require any landlord, agent or homeowner's association to provide notice of pesticide use in common areas within a community interest development. In addition, proposed author's amendments clarify these provisions should not be construed to require a HOA to provide notice of pesticide use inside a separate interest dwelling unit within a CID, except in cases where the association has taken title to the separate interest and is renting out the premises—thus essentially acting as a landlord to the renter of the unit. Finally, although it is not expressly clarified in the bill, the provisions that require the landlord to provide "tenants in adjacent dwelling units" with notification as soon as practicable after an oral agreement is made authorizing immediate pesticide application in a particular dwelling unit cannot be said to apply in the CID context—because the occupants of adjacent units in the CID are generally not "tenants" of the landlord/owner who would have such duty under the bill; instead they are fellow owners of separate interests in the CID.

According to the author, these proposed author's amendments are not an endorsement of any principle that residents of CIDs do not deserve to be notified of pesticide treatment in adjoining units or common areas of the CID. Instead, the author recognizes the limitations of the current bill with respect to these issues in the CID context, and that the best approach for future legislation to properly address these issues is to amend the Davis-Stirling Act with more careful input and consideration than could be achieved in this bill at this time. In short, the proposed author's amendments taken together clarify that the scope of the bill is limited to: (1) the landlord-tenant context for all pesticide use on non-CID rental property, and (2) in a CID property, only with respect to the landlord's responsibility to notify his particular tenant or tenants of pesticide use within the separate interest, but not to notify adjacent units occupied by other owners of separate interests.

Proposed author's amendments to allow oral agreement for immediate pesticide treatment. As currently in print, the bill permits a tenant, upon receiving the written notification of upcoming pesticide use required by this bill, to sign a written waiver allowing the landlord or authorized agent to apply a pesticide at an agreed upon time within 24 hours. In response to concerns raised by apartment associations that this rule would prevent landlords from responding to tenant's requests for immediate treatment of pest problems because of the mandatory 24-hour advance notice period, the author and apartment associations engaged in negotiations to increase flexibility of the rule.

The author now proposes to amend the bill to allow the tenant, prior to receiving the written notice prescribed by the bill, to enter into an oral agreement with the landlord for immediate pesticide application if the tenant requests that the pesticide be applied before 24-hour advance notice can be given. In such cases, the proposed amendments still require the oral agreement to include the name and brand of the pesticide product proposed to be used, because this is important information that the tenant should have before the pesticide treatment is carried out so that he or she can take necessary precautions, request a different type of treatment, or request to have the treatment later in time rather than immediately or within the same day as the oral agreement.

The author's proposed amendments also attempt to strike a balance with respect to the rights of tenants in adjacent dwelling units who under the bill would ordinarily also be notified of pesticide treatment in their neighbors' adjacent unit when that 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.) Proponents of the bill were concerned that an oral agreement for immediate treatment by the individual tenant experiencing a pest problem should not result in the complete waiver of advance notification to neighboring tenants that they would otherwise receive if the treatment were scheduled for the next day, rather than on the same day of the request for treatment.

As proposed to be amended, the bill now requires the landlord or authorized agent to provide tenants in adjacent units with the prescribed 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. While neighboring tenants in such cases will not be guaranteed 24-hour advance notice, they still will be provided with the notice rather than none at all, and the landlord must provide such notice as soon as practicable after the triggering oral agreement is made. For some tenants who are not home at all during the day, they 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. For tenants who were home all day, the provision of the notice as early as it could practicably be given may still be beneficial by providing several hours of advance notice to take precautions if necessary, rather than receiving no notice at all until the treatment is already administered. With these proposed author's amendments allowing flexibility for immediate pesticide treatment and adjusting corresponding notice requirements, all of the apartment associations who had expressed concerns have removed their opposition and are neutral on the bill as proposed to be amended.

Proposed author's amendments tailor notice requirements for pesticide treatment of common areas, including one-time and routine treatments. As currently in print, the bill requires a landlord or authorized agent that applies a pesticide to a common area of the property without a licensed pest control operator to post a specified written notice in a conspicuous place in the common area in which a pesticide is to be applied. The bill also requires the notice to be posted at least 24 hours before a pesticide is applied in a common area, and to remain posted for at least 24 hours after the pesticide is applied. Apartment associations expressed initial concerns that this rule would burden landlords by requiring excessively frequent new notification, for example, when weed killers (an herbicide and form of pesticide) were administered to common area lawns on a regularly scheduled basis without the involvement of a licensed PCO.

In order to address these concerns, the author now proposes amendments to differentiate between one-time pesticide treatment in a common area and routinely scheduled pesticide applications, such as regular lawn and garden maintenance involving weed killers or other herbicides that fall under the bill's definition of pesticides. As proposed to be amended, the notice to tenants for routine application of pesticides to a common area would include the standard information in the notice prescribed by the bill, in addition to the schedule by which the pesticides will be routinely applied. The proposed amendments also require the landlord or his agent to provide the notice to existing tenants prior to the initial pesticide application, and then to each new tenant prior to entering into a lease agreement. Furthermore, a new notification would be required to be provided if the chosen pesticide were to change, so that tenants would be receiving correct and updated information about the pesticide products being used.

As previously discussed, the proposed amendments also clarify that the bill is narrow in scope and only intended to apply to common areas in non-CID rental properties. As proposed to be amended the bill shall not be construed to require any landlord, agent or homeowner's association to provide notice of pesticide use in common areas within a community interest development. Although arguably less than ideal from a health policy standpoint, the narrower scope of the bill allows the author and apartment associations to have a consensus agreement with respect to non-CID property, and preserves the issue for pesticide notification in common areas of CIDs for future legislation.

ARGUMENTS IN SUPPORT: This bill is supported by a broad coalition of public health advocates, clean air advocates, and legal aid and tenant advocates, among others. The California Pan-Ethnic Health Network (CPEHN), writing in support, reflects the common arguments made in support of the bill:

Pests and vermin are far too common problems for tenants in California. They have significant physical and mental impacts on residents. However, the pesticides often used to address a pest problem pose significant health risks of their own. Tenants should be afforded the right to know about pesticide applications in their homes and the opportunity to take precautionary measures that come with that knowledge. Currently, such notifications is only required when landlords hire a licensed pest control professional. However, we know that in many cases, owners and property managers attempt to manage pests on their own through the use of store-bought pesticides. In these cases, there are no requirements that tenants be notified.

By requiring landlords and property managers to notify tenants of any do-it-yourself pesticide use, SB 328 would ensure that tenants 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. We strongly support this effort to protect tenants' health and help create healthier housing in communities across the state.

REGISTERED SUPPORT / OPPOSITION:

Support

Regional Asthma Management and Protection (co-sponsor)

California Association of Code Enforcement Officers (co-sponsor)

Black Women for Wellness

Breast Cancer Action

California Healthy Nail Salon Collaborative

California Rural Legal Assistance Foundation

California Pan-Ethnic Health Network

Californians for a Healthy and Green Economy

Center for Environmental Health

Clean Water Action

Coalition for Clean Air

Environmental Working Group

Healthy Homes Collaborative

Instituto de Educacion Popular del Sur de California

Oakland Tenants Union

Pacoima Beautiful

Pest Control Operators of California

Pesticide Action Network, North America

Physicians for Social Responsibility – Los Angeles

San Francisco Asthma Task Force

San Francisco Bay Area Physicians for Social Responsibility

SoCalCOSH

Society for Allergy Friendly Environment

Unquilinos Unidos/United Tenants

Western Center on Law & Poverty

Opposition

None on file

Analysis Prepared by: Anthony Lew / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SB 328

Author: Hueso (D)

Amended: 5/4/15

Vote: 21

SENATE JUDICIARY COMMITTEE: 5-2, 5/12/15

AYES: Jackson, Hertzberg, Leno, Monning, Wieckowski

NOES: Moorlach, Anderson

SUBJECT: Landlords: notice of pesticide use

SOURCE: Author

DIGEST: This bill requires a landlord or a landlord’s agent to provide a tenant, and any tenant of adjacent units, with advance written notice of the use of pesticides at a dwelling unit if the landlord or authorized agent applies any pesticide without a licensed 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 is required to be posted as soon as practicable, but not later than one hour after the pesticide is applied.

ANALYSIS:

Existing law:

1. Regulates the terms and conditions of residential tenancies and generally requires a landlord to keep a rental unit in a condition fit for occupancy. (Civ. Code Sec. 1940 et seq.)

2. Creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code Sec. 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)

3. Provides that any building or portion thereof including any dwelling unit, guestroom or suite of rooms, in which there exists an infestation of insects, vermin, or rodents to an extent that endangers the life, limb, health, property, safety, or welfare of the public or the occupants thereof shall be deemed a substandard building. (Health & Saf. Code Sec. 17920.3.)

4. States that a registered structural pest control company shall provide the owner, or owner’s agent, and tenant of the premises for which work is to be done with clear written notice. (Bus. & Prof. Code Sec. 8538.)

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

• the pest to be controlled;

• the pesticide or pesticides proposed to be used, and the active ingredient or ingredients;

• a statement which, among other things, provides “CAUTION-PESTICIDES ARE TOXIC CHEMICALS.” The statement must also include notice regarding possible symptoms of illness, and various persons to contact for further information; and

• if a contract for periodic pest control has been executed, the frequency with which the treatment is to be done. (Bus. & Prof. Code Sec. 8538.)

6. 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.)

7. 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.)

8. Requires, by regulation, registered structural pest control operators to leave in a conspicuous location a written notice identifying the common, generic or chemical name of each pesticide applied within or around a structure, and states that such notice may be provided by a door hanger, invoice, billing statement or other similar written document which contains the registered company’s name, address, and telephone number. (16 Cal. Code Reg. Sec. 1970.4.)

9. Specifies, by regulation, that in the case of a multiple family structure, such notice may be given to the designated agent or the owner, and that for external pest control servicing to a multiple family dwelling consisting of more than 4 units, notices shall be posted in heavily frequented, highly visible areas including, but not limited to, all mailboxes, the manager’s apartment, in all laundry rooms, and community rooms. (16 Cal. Code Reg. Sec. 1970.4.)

This bill:

1. Requires a landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed structural pest control operator to provide, at least 24 hours prior to application of the pesticide, a tenant of that dwelling unit and a tenant in each neighboring dwelling unit that could reasonably be impacted by the pesticide use with written notice.

2. Requires a landlord or authorized agent that applies any pesticide to a common area without a licensed structural pest control operator to post, at least 24 hours prior to application of the pesticide and at least 24 hours after the pesticide is applied, written notice in a conspicuous place in the common area in which a pesticide is to be applied.

3. Specifies that the written notices referenced above must contain, in nontechnical language and in a clear and coherent manner, the following statements and information:

• the pest or pests to be controlled;

• the name and brand of the pesticide product proposed to be used;

• 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;

• the approximate date, time, and frequency with which the pesticide will be applied; and

• for pesticides applied in a dwelling unit, a notification stating “The approximate date, time, and frequency of this pesticide application is subject to change if a tenant in the unit the pesticides will be applied waives the 24-hour waiting period.”

4. Provides that upon receipt of written notification, the tenant may sign a waiver to allow the landlord or authorized agent to apply a pesticide to a dwelling unit at an agreed upon time within 24 hours.

5. States that if the pest poses an immediate threat to health and safety, thereby making compliance with the 24-hour prior notice requirement for application of a pesticide in a common area 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.

6. Specifies that this bill neither abrogates the responsibility of a registered structural pest control company to abide by specified notification requirements, nor authorizes a landlord or authorized agent to enter a tenant’s dwelling unit in violation of existing law.

Background

According to the American Association of Poison Control Centers, Americans placed over 3 million calls to poison control centers in 2013, the most recent year for which data is available. (American Association of Poison Control Centers, 2013 Annual Report of the American Association of Poison Control Centers’ National Poison Data System <https://aapcc.s3.amazonaws.com/pdfs/ annual_reports/2013_NPDS_Annual_Report.pdf [as of May 10, 2015].) 2.2 million of these calls involved cases where people came into contact with dangerous or potentially dangerous substances. Poison control centers handled over 85 thousand calls regarding potential exposure to pesticides in 2013, placing pesticide-related calls within the top ten categories of calls received that year. For adults over 19 years old, pesticide exposure was among the top 5 reported human exposure substance categories. (American Association of Poison Control Centers, Poison Center Data Snapshot - 2013 <https://aapcc.s3.amazonaws.com/ pdfs/annual_reports/2013_AR_Data_Snapshot_FINAL.pdf [as of May 10, 2015].) Given that 93 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 most pesticide-related calls to poison control involve 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) <http://www.epa.gov/opp00001/ pestsales/07pestsales/market_estimates2007.pdf [as of May 10, 2015].)

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) <http://www.epa.gov/oppfead1/Publications/ Cit_Guide/citguide.pdf [as of May 10, 2015].)

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. This bill requires landlords or their agents to provided tenants with advance written notice of the use of pesticides at a dwelling unit at least 24 hours prior to their application if the landlord or agent applies any pesticide without a licensed structural pest control operator.

Comments

The author writes:

Current law requires that a tenant be notified when a registered pest management professional is going to potentially expose them to pesticides. However, such notification is not required when a landlord or property manager applies over-the-counter pesticides on their own, leaving tenants without any information about their exposure to pesticides. As a result, tenants have no way to protect their families from these harmful toxins.

SB 328 would require landlords that apply pesticide products to their properties to provide tenants with prior notification of the pest being treated, the product being used, and basic health and safety information, including symptoms to look for and phone numbers to local poison control centers. Landlords already must get consent from tenants to enter their units. Adding this notification to the existing landlord-tenant communication process when pesticides are being applied will standardize the information shared and ensures tenants are fully aware of the pesticide products used in their homes.

Related/Prior Legislation

SB 1167 (Hueso, Chapter 81, Statutes of 2014) expanded the duty of individuals who possess property infested with rodents to immediately exterminate and destroy the rodents, to also require those individual to abate specified conditions causing the infestation. The bill also authorized specified agencies and governing bodies to abate the conditions causing the rodent infestation, and directed that an agency’s abatement order include abatement of specified conditions that the agency determines to have caused the infestation.

SB 1411 (Jackson, 2014) would have authorized county agricultural commissioners to adopt regulations to prohibit the use of any pesticide within one-quarter mile of a school, and would have required schools and other specified sites within one-quarter mile of planned pesticide application be notified in writing in advance. The 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. The bill died in the Senate Agriculture Committee.

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.

AB 2260 (Shelley, Chapter 718, Statutes of 2000) established the Healthy Schools Act of 2000. The bill required that the preferred method of managing pests at schoolsites be “effective least toxic pest management practices,” required each schoolsite to maintain records of all pesticide use at the schoolsite for a period of 4 years and make the records available to the public upon request, and required, on an annual basis, the school district to provide to all staff and parents or guardians of pupils enrolled at a school written notification addressing, among other things, expected pesticide use.

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

SUPPORT: (Verified 5/15/15)

Alameda County Board of Supervisors

Black Women for Wellness

Breast Cancer Action

California Association of Code Enforcement Officers

California Healthy Nail Salon Collaborative

California Pan-Ethnic Health Network

California Rural Legal Assistance Foundation

Californians for a Healthy and Green Economy

Center for Environmental Health

Clean Water Action – California

Coalition for Clean Air

Environmental Working Group

Healthy Homes Collaborative

Inquilinos Unidos/United Tenants

Instituto de Educacion Popular del Sur de California

Oakland Tenants Union

Pacoima Beautiful

Pest Control Operators of California

Pesticide Action Network North America

Physicians for Social Responsibility – Los Angeles

Regional Asthma Management and Prevention

San Francisco Asthma Task Force

San Francisco Bay Area Physicians for Social Responsibility

SoCalCOSH

Society for Allergy Friendly Environmental Gardening

Western Center on Law & Poverty

one individual

OPPOSITION: (Verified 5/15/15)

Apartment Association of Greater Los Angeles

California Apartment Association

California Association of Realtors

Educational Community for Homeowners

Santa Barbara Rental Property Association

ARGUMENTS IN SUPPORT: According to the Healthy Homes Collaborative, tenants should be afforded the right to know about pesticide applications in their homes and be given the opportunity to take precautionary measures that comes with that knowledge. Currently, such notification is only required when landlords hire a licensed pest control professional. However, we know that in many cases, owners and property managers attempt to manage pests on their own through the use of store-bought pesticides. In these cases, there are no requirements that tenants be notified. By requiring landlords and property managers to notify tenants of any do-it-yourself pesticide use, SB 328 would ensure that tenants 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.

ARGUMENTS IN OPPOSITION: According to the Apartment Association of Greater Los Angeles and the Santa Barbara Rental Property Association, this bill in its current form suffers from some confusing definitional requirements and prohibits property owners from ridding a kitchen of a recently reported ant infestation without a 24-hour prior notice and an okay to enter the unit to treat the infestation. They also state that the bill’s prescription for warning residents of the content of commercially available pest-control products already appear on the products themselves, as required by federal and state law, and the disclosure requirements of SB 328 exceed even those required of professional pest-control operators.

According to the California Apartment Association (CAA), the definition of pest and pesticides in the bill may be too broad, potentially capturing such things as anti-bacterial products, homemade bleach solutions, and mold. CAA notes potential ambiguity in the bill concerning the required notice, waiver of the 24-hour notification period for pesticide applications in a dwelling unit, and the meaning of specific words such as “non-technical.” According to the California Association of Realtors (CAR), SB 328 holds landlords and property managers to stricter notification stands than that for licensed pest control operators, resulting in non-uniform pesticide notification standards for pesticide applications on residential real property.

Prepared by: Tobias Halvarson / JUD. / (916) 651-4113

5/15/15 15:24:28

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SENATE JUDICIARY COMMITTEE

Senator Hannah-Beth Jackson, Chair

2015-2016 Regular Session

Bill No: SB 328 (Author:Hueso)

Version: May 4, 2015

Hearing Date: May 12, 2015

Fiscal: No

Urgency: No

Consultant: TH

SUBJECT

Landlords: Notice of Pesticide Use

DESCRIPTION

This bill would require the landlord or the landlord’s agent to provide a tenant, and any tenant of adjacent units, 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 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.

BACKGROUND

According to the American Association of Poison Control Centers, Americans placed over 3 million calls to poison control centers in 2013, the most recent year for which data is available. (American Association of Poison Control Centers, 2013 Annual Report of the American Association of Poison Control Centers’ National Poison Data System <https://aapcc.s3.amazonaws.com/pdfs/annual_reports/2013_NPDS_Annual_Report.pdf> [as of May 10, 2015].) 2.2 million of these calls involved cases where people came into contact with dangerous or potentially dangerous substances. Poison control centers handled over 85 thousand calls regarding potential exposure to pesticides in 2013, placing pesticide-related calls within the top ten categories of calls received that year. For adults over 19 years old, pesticide exposure was among the top 5 reported human exposure substance categories. (American Association of Poison Control Centers, Poison Center Data Snapshot - 2013 <https://aapcc.s3.amazonaws.com/ pdfs/annual_reports/2013_AR_Data_Snapshot_FINAL.pdf> [as of May 10, 2015].) Given that 93 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 most pesticide-related calls to poison control involve 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) <http://www.epa.gov/opp00001/pestsales/07pestsales/market_estimates2007.pdf> [as of May 10, 2015].)

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) <http://www.epa.gov/oppfead1/Publications/ Cit_Guide/citguide.pdf> [as of May 10, 2015].)

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. This bill would require landlords or their agents to provided tenants with advance written notice of the use of pesticides at a dwelling unit at least 24 hours prior to their application if the landlord or agent applies any pesticide without a licensed structural pest control operator.

CHANGES TO EXISTING LAW

Existing law regulates the terms and conditions of residential tenancies and generally requires a landlord to keep a rental unit in a condition fit for occupancy. (Civ. Code Sec. 1940 et seq.)

Existing law creates an implied covenant of quiet enjoyment in every lease, requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code Sec. 1927; Pierce v. Nash (1954) 126 Cal.App.2d 606, 612.)

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.)

This bill would require a landlord or authorized agent that applies any pesticide to a dwelling unit without a licensed structural pest control operator to provide, at least 24 hours prior to application of the pesticide, a tenant of that dwelling unit and a tenant in each neighboring dwelling unit that could reasonably be impacted by the pesticide use with written notice.

This bill would require a landlord or authorized agent that applies any pesticide to a common area without a licensed structural pest control operator to post, at least 24 hours prior to application of the pesticide and at least 24 hours after the pesticide is applied, written notice in a conspicuous place in the common area in which a pesticide is to be applied.

This bill would specify that the written notices referenced above must contain, in nontechnical language and in a clear and coherent manner, the following statements and information:

• the pest or pests to be controlled;

• the name and brand of the pesticide product proposed to be used;

• 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;

• the approximate date, time, and frequency with which the pesticide will be applied; and

• for pesticides applied in a dwelling unit, a notification stating “The approximate date, time, and frequency of this pesticide application is subject to change if a tenant in the unit the pesticides will be applied waives the 24-hour waiting period.”

This bill would provide that upon receipt of written notification, the tenant may sign a waiver to allow the landlord or authorized agent to apply a pesticide to a dwelling unit at an agreed upon time within 24 hours.

This bill would state that if the pest poses an immediate threat to health and safety, thereby making compliance with the 24-hour prior notice requirement for application of a pesticide in a common area 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.

This bill would also specify that it neither abrogates the responsibility of a registered structural pest control company to abide by specified notification requirements, nor authorizes a landlord or authorized agent to enter a tenant’s dwelling unit in violation of existing law.

COMMENT

1. Stated need for the bill

The author writes:

Current law requires that a tenant be notified when a registered pest management professional is going to potentially expose them to pesticides. However, such notification is not required when a landlord or property manager applies over-the-counter pesticides on their own, leaving tenants without any information about their exposure to pesticides. As a result, tenants have no way to protect their families from these harmful toxins.

SB 328 would require landlords that apply pesticide products to their properties to provide tenants with prior notification of the pest being treated, the product being used, and basic health and safety information, including symptoms to look for and phone numbers to local poison control centers. Landlords already must get consent from tenants to enter their units. Adding this notification to the existing landlord-tenant communication process when pesticides are being applied will standardize the information shared and ensures tenants are fully aware of the pesticide products used in their homes.

2. 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 bill follows that recent trend of providing affected communities with notice prior to the application of pesticides in their surroundings. It would help tenants better understand the harms associated with chemicals being used in their residences, and would give them advance warning to take precautionary measures as necessary to protect residents with chemical sensitivities or pesticide related health problems. While the pesticides used by landlords 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 tenants be given prior notice of pesticide application by the latter and not the former. Writing in support, the California Association of Code Enforcement Officers states:

The Environmental Protection Agency has concluded that nearly three quarters of American households use pesticides in the home in any given year. This is a matter of utmost seriousness, since pesticides have been linked to damage to the central nervous system, respiratory issues, as well as birth defects and cancers. These heath issues are exacerbated when pesticide use takes place where children are in the dwelling.

Senate Bill 328 is rooted in the solid premise that the most effective way to reduce pesticide health hazards is to take precautions to avoid pesticide exposure. In that connection it is axiomatic that tenants should be given notice concerning pesticide application in their home, which, in turn, [gives] them the opportunity to take precautions once armed with that knowledge. This is sound policy and is reflected in a portion of current law.

3. Opposition Concerns

Several stakeholders have raised implementation concerns with this bill in its current form. The California Association of Realtors (CAR) objects to the breadth of the notice requirement in this bill as compared to that required of structural pest control operators under existing law. CAR requests narrowing the notification in this bill to parallel that required of structural pest control operators, which would have the effect of eliminating the requirement for landlords and their agents to provide notice regarding the approximate date, time, and frequency with which pesticides will be applied.

The Apartment Association of Greater Los Angeles and the Santa Barbara Rental Property Association suggest that the bill in its current form “suffers from some confusing definitional requirements” and state that it “actually prohibits property owners from ridding a kitchen of a recently reported ant infestation without a 24-hour prior notice and an okay to enter the unit to treat the infestation.” They also note that “the bill’s prescription for warning residents of the content of commercially available pest-control products already appear on the products themselves, as required by federal and state law,” and that “the disclosure requirements of SB 328 exceed even those required of professional pest-control operators.”

Finally, the California Apartment Association (CAA) states that the definition of pest and pesticides in the bill may be too broad, potentially capturing such things as anti-bacterial products, homemade bleach solutions, and mold. CAA also notes potential ambiguity in the bill concerning the required notice, waiver of the 24-hour notification period for pesticide applications in a dwelling unit, and the meaning of specific words such as “non-technical.”

Support: Black Women for Wellness; Breast Cancer Action; California Healthy Nail Salon Collaborative; California Rural Legal Assistance Foundation; California Pan-Ethnic Health Network; Californians for a Healthy and Green Economy; Center for Environmental Health; Clean Water Action; Coalition for Clean Air; Environmental Working Group; Healthy Homes Collaborative; Instituto de Educacion Popular del Sur de California; Oakland Tenants Union; Pacoima Beautiful; Pest Control Operators of California; Pesticide Action Network North America; Physicians for Social Responsibility – LA; San Francisco Asthma Task Force; San Francisco Bay Area Physicians for Social Responsibility; SoCalCOSH; Society for Allergy Friendly Environment; Unquilinos Unidos/United Tenants; Western Center on Law & Poverty; one individual

Opposition: Apartment Association of Greater Los Angeles; California Apartment Association; California Association of Realtors; Educational Community for Homeowners; Santa Barbara Rental Property Association

HISTORY

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

Related Pending Legislation: None Known

Prior Legislation:

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.

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