Existing federal law requires all public housing agencies, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018.

This bill would require all public housing agencies, as defined, to implement a policy prohibiting the smoking of tobacco products, as defined, in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings, except in designated smoking areas, by July 30, 2018. The bill would exempt dwelling units in a mixed-finance project from these provisions. The bill would encourage those public housing agencies to adopt a graduated enforcement framework for their smoke-free policies, as specified. By increasing the duties of local public housing agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing federal law requires all public housing agencies, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018.

This bill would require all public housing agencies, as defined, to implement a policy prohibiting the smoking of tobacco products, as defined, in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings, except in designated smoking areas, by July 30, 2018. The bill would exempt dwelling units in a mixed-finance project from these provisions. The bill would encourage those public housing agencies to adopt a graduated enforcement framework for their smoke-free policies, as specified. By increasing the duties of local public housing agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing federal law requires all public housing agencies, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018.

This bill would require all public housing agencies, as defined, to implement a policy prohibiting the smoking of tobacco products, as defined, in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings, except in designated smoking areas, by July 30, 2018. The bill would exempt dwelling units in a mixed-finance project from these provisions. By increasing the duties of local public housing agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Existing federal law requires all public housing agencies, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018.

This bill would require all public housing agencies, as defined, to implement a policy prohibiting the smoking of tobacco products, as defined, in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings, except in designated smoking areas, by July 30, 2018. The bill would exempt dwelling units in a mixed-finance project from these provisions. By increasing the duties of local public housing agencies, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

ASSEMBLY THIRD READING

ATR Bill Id:AB 62

Author:(Wood)

As Amended Ver:

Majority vote

SUMMARY: Requires public housing agencies (PHAs) to prohibit smoking tobacco products in all public housing units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings. Specifically, this bill:

1. Requires PHAs to design and implement a policy prohibiting smoking tobacco products in all public housing units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.
2. Provides that these requirements apply to all public housing units, except for dwelling units in a mixed-finance project.
3. Allows PHAs to limit smoking tobacco products to designated smoking areas. These areas must be outside the restricted areas, as specified above. The smoking areas may include partially enclosed structures. A PHA may choose to make their entire grounds smoke free.
4. Requires a PHA's smoke-free policy, at a minimum, to ban the smoking of all tobacco products.
5. Requires a PHA to amend each of the following to comply with this section:
   1. Applicable PHA plans; and
   2. Applicable tenant leases.
6. Requires PHAs to be in full compliance with this section no later than July 30, 2018.
7. Encourages PHAs to adopt a graduated enforcement framework that includes escalating warnings with documentation to the tenant file.
8. Requires a PHA to refer a resident to any available and accessible smoking cessation option before engaging in an adverse action against a resident based on a violation of a smoke free policy.
9. Defines "public housing" as low-income housing, and all necessary appurtenances (e.g., community facilities, laundry rooms, and public housing offices), assisted under the United States Housing Act of 1937 (Act), other than assistance under Section 8 of the Act. Public housing does not include any privately owned housing that is assisted under any federal, state, or local program, or housing not owned by a PHA.
10. Defines "Public Housing Agency" (PHA) as any state, county, municipality, or other government entity or body that is authorized to engage or assist in the development or operation of low-income housing under the United States Housing Act of 1937.
11. Defines "smoke" and "smoking" as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. "Smoking" includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
12. Defines "tobacco product" as any of the following:
    1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
    2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; and
    3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
13. Provides that if the Commission on State Mandates determines this act contains costs mandated by the state, local agencies will be reimbursed for the costs pursuant to state law.

FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill would have minor costs to PHAs. Under federal regulations, most publically funded housing already prohibits the use of tobacco products, which can include e-cigarettes at their discretion. The mandatory addition of e-cigarettes is not likely to result in major policy or signage changes.

COMMENTS:

Background: Tobacco smoke is a toxic mix of more than 7,000 chemicals. Smoking can cause cancer almost anywhere in the body including the bladder, blood, cervix, colon, esophagus, kidney, larynx, liver, pancreas, stomach, trachea, bronchus, and lungs. According to the 2014 Surgeon General's report, there have been more than 20 million smoking related deaths in the United States since 1964; 2.5 million of those deaths were among non-smokers who died from exposure to secondhand smoke.

The United States Department of Housing and Urban Development (HUD) has advocated for PHAs to adopt smoke free policies since 2009. In December of 2016, HUD released a final rule requiring PHAs to establish a policy disallowing the use of prohibited tobacco products in all indoor areas of public housing, as well as outdoor areas up to 25 feet from the public housing and administrative office buildings. The rule defines prohibited tobacco products as "Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and little cigars… and water pipes (hookahs)." This definition does not include e-cigarettes.

According to HUD, "Research to date on Electronic Nicotine Delivery Systems (ENDS) is still developing and lacks clear consensus, in contrast with research on the effects of cigarettes and other tobacco products. Unlike with products that involve burning of substances, there is little evidence that ENDS significantly increases fire risks, and there is no conclusive evidence that the vapors emitted by ENDS cause damage to the units themselves. Therefore, prohibiting ENDS will not necessarily reduce the risk of catastrophic fires or maintenance costs for PHAs, and this rule does not prohibit the use of ENDS. However, PHAs may exercise their discretion to include a prohibition on ENDS in their individual smoke-free policies if they deem such a prohibition beneficial. In addition, if evidence in the future arises that banning ENDS will, for example, result in significant maintenance savings, HUD will reconsider including them in items that are prohibited inside public housing."

Purpose of the bill: This bill requires PHAs to implement a policy, by July 30, 2018, prohibiting smoking a tobacco product, including e- cigarettes, in all public housing living units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.

This bill codifies federal regulations and broadens the definition of smoking to conform with current California law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, which defines smoking as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

As previously noted, under existing law PHAs may exercise their discretion to include a prohibition on e-cigarettes in their individual smoke-free policies if they deem such a prohibition beneficial. This bill would require PHAs to prohibit smoking e-cigarettes.

Arguments in support: Proponents, including the American Lung Foundation and the American Heart Foundation, support this bill because cigarette smoking remains the leading cause of preventable morbidity and premature death in the United States. Secondhand smoke produces adverse effects on heart function. Estimates are that exposure to secondhand smoke causes nearly 34,000 premature deaths from heart disease and more than 8,000 deaths from strokes annually.

Long term exposure to secondhand smoke, such as that occurring in the home, is associated with a 25% to 30% increase in risk for coronary heart disease in adult nonsmokers and leads to numerous other adverse health consequences. The CDC found that nationally two out of every five children living in public housing are exposed to secondhand smoke. This exposure has been a proven contributor to higher rates of ear infections, asthma, coughs and colds, tooth decay, headaches, sore throats, eye irritation, hoarseness, and respiratory problems like bronchitis and pneumonia. According to supporter, this bill will reduce the consumption of tobacco and protect residents from the harm caused by secondhand smoke.

Arguments in opposition: Opponents, including the Western Center on Law and Poverty and the California Rural Legal Assistance Foundation, oppose the bill because of its inclusion of e-cigarettes. Including e-cigarettes will increase the risk of eviction and therefore homelessness for public housing residents. They believe the public health gains from this bill will be offset by this increased risk of mortality for tenants evicted under this anti-smoking policy. Homeless individuals are 4.5 times more likely to die prematurely compared to housed individuals. Smokers are three times more likely to die prematurely compared to nonsmokers, making homelessness 50% more deadly than smoking.

Opponents also believe that it is unnecessary to prescribe in state law a prohibition on smoking in public housing that is already more fully addressed under federal law. The federal rule does not include e-cigarettes because there is a lack of consensus on their health effects, they do not significantly increase fire risks, and there is no conclusive evidence that vapors emitted from them cause damage to the units themselves.

Previous legislation:

SB 332 (Padilla), Chapter 264, Statutes of 2011: Authorizes landlords of residential dwelling units to prohibit smoking of tobacco products on their property.

AB 746 (Levine) of 2013: Would have prohibited smoking cigarettes or other tobacco products in all new or existing multifamily dwellings except in designated areas. This bill died in the Assembly Committee on Housing and Community Development.

Analysis Prepared by: Rebecca Rabovsky / H. & C.D. / (916) 319-2085 FN: 0000516

Date of Hearing: May 24, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 62

Author:(Wood) – As Amended Ver:May 1, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires, by July 30, 2018, public housing agencies (PHAs) to prohibit smoking tobacco products (including e-cigarettes) in all public housing units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings. Specifically, this bill:

1. Requires PHAs to design and implement a policy prohibiting smoking tobacco products in all public housing units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.
2. Provides that these requirements apply to all public housing units, except for dwelling units in a mixed-finance project.
3. Allows PHAs to limit smoking tobacco products to designated smoking areas. These areas must be outside the restricted areas, as specified above. The smoking areas may include partially enclosed structures. A PHA may choose to make their entire grounds smoke free.
4. Requires PHAs to be in full compliance with this section no later than July 30, 2018.
5. Encourages PHAs to adopt a graduated enforcement framework that includes escalating warnings prior to pursuing tenant eviction for smokefree policy violations.
6. Requires a PHA to refer a resident to any available and accessible smoking cessation option before engaging in an adverse action against a resident based on a violation of these policies.

FISCAL EFFECT:

Minor costs to PHAs. Under federal regulations, most publically funded housing already prohibits the use of tobacco products, which can include e-cigarettes at their discretion. The mandatory addition of e-cigarettes is not likely to result in major policy or signage changes.

COMMENTS:

1. Purpose. This bill requires PHAs to implement a policy, by July 30, 2018, prohibiting smoking a tobacco product, including e- cigarettes, in all public housing living units and interior areas, as well as certain outdoor areas.

In doing so, this bill codifies federal regulations, but broadens the definition of smoking to conform with current California law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, which includes e-cigarettes. Under existing law, PHAs may exercise their discretion to include a prohibition on e-cigarettes in their individual smoke-free policies if they deem such a prohibition beneficial. This bill would include electronic cigarettes in the U.S. Department of Housing and Urban Development (HUD) smoke-free requirements, maintaining consistency across smoke-free policies in California.

1. Background. HUD has advocated for PHAs to adopt smoke free policies since 2009. In December of 2016, HUD released a final rule requiring PHAs to establish a policy disallowing the use of prohibited tobacco products in all indoor areas of public housing, as well as outdoor areas up to 25 feet from the public housing and administrative office buildings. The rule defines prohibited tobacco products as “Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and little cigars…and water pipes (hookahs).” This definition does not include e-cigarettes.

According to the 2014 Surgeon General’s report there have been more than 20 million smoking related deaths in the United States since 1964; 2.5 million of those deaths were among non-smokers who died from exposure to secondhand smoke.

1. Support. Proponents support this bill because cigarette smoking remains the leading cause of preventable morbidity and premature death in the United States. Secondhand smoke produces adverse effects on heart function. Estimates are that exposure to secondhand smoke causes nearly 34,000 premature deaths from heart disease and more than 8,000 deaths from strokes annually.
2. Opposition. Opponents believe that it is unnecessary to prescribe in state law a prohibition on smoking in public housing that is already more fully addressed under federal law. The federal rule does not include electronic cigarettes because there is a lack of consensus on their health effects, they do not significantly increase fire risks, and there is no conclusive evidence that vapors emitted from them cause damage to the units themselves.

Opponents also believe that including electronic cigarettes will increase the risk of eviction and therefore homelessness for public housing residents. They believe the public health gains from this bill will be offset by this increased risk of mortality for tenants evicted under this anti-smoking policy.

1. Prior legislation. SB 332 (Padilla), Chapter 264, Statutes of 2011, authorizes landlords of residential dwelling units to prohibit smoking of tobacco products on their property.

AB 746 (Levine) of the 2013-14 Legislative Session, would have prohibited smoking cigarettes or other tobacco products in all new or existing multifamily dwellings except in designated areas. This bill died in the Assembly Committee on Housing and Community Development.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: May 17, 2017

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Lorena Gonzalez Fletcher, Chair

ABPCA Bill Id:AB 62

Author:(Wood) – As Amended Ver:May 1, 2017

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill requires, by July 30, 2018, public housing agencies (PHAs) to prohibit smoking tobacco products (including e-cigarettes) in all public housing units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings. Specifically, this bill:

1. Requires PHAs to design and implement a policy prohibiting smoking tobacco products in all public housing units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.
2. Provides that these requirements apply to all public housing units, except for dwelling units in a mixed-finance project.
3. Allows PHAs to limit smoking tobacco products to designated smoking areas. These areas must be outside the restricted areas, as specified above. The smoking areas may include partially enclosed structures. A PHA may choose to make their entire grounds smoke free.
4. Requires PHAs to be in full compliance with this section no later than July 30, 2018.
5. Encourages PHAs to adopt a graduated enforcement framework that includes escalating warnings prior to pursuing tenant eviction for smokefree policy violations.
6. Requires a PHA to refer a resident to any available and accessible smoking cessation option before engaging in an adverse action against a resident based on a violation of these policies.

FISCAL EFFECT:

Minor costs to PHAs. Under federal regulations, most publically funded housing already prohibits the use of tobacco products, which can include e-cigarettes at their discretion. The mandatory addition of e-cigarettes is not likely to result in major policy or signage changes.

COMMENTS:

1. Purpose. This bill requires PHAs to implement a policy, by July 30, 2018, prohibiting smoking a tobacco product, including e- cigarettes, in all public housing living units and interior areas, as well as certain outdoor areas.

In doing so, this bill codifies federal regulations, but broadens the definition of smoking to conform with current California law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, which includes e-cigarettes. Under existing law, PHAs may exercise their discretion to include a prohibition on e-cigarettes in their individual smoke-free policies if they deem such a prohibition beneficial. This bill would include electronic cigarettes in the U.S. Department of Housing and Urban Development (HUD) smoke-free requirements, maintaining consistency across smoke-free policies in California.

1. Background. HUD has advocated for PHAs to adopt smoke free policies since 2009. In December of 2016, HUD released a final rule requiring PHAs to establish a policy disallowing the use of prohibited tobacco products in all indoor areas of public housing, as well as outdoor areas up to 25 feet from the public housing and administrative office buildings. The rule defines prohibited tobacco products as “Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and little cigars…and water pipes (hookahs).” This definition does not include e-cigarettes.

According to the 2014 Surgeon General’s report there have been more than 20 million smoking related deaths in the United States since 1964; 2.5 million of those deaths were among non-smokers who died from exposure to secondhand smoke.

1. Support. Proponents support this bill because cigarette smoking remains the leading cause of preventable morbidity and premature death in the United States. Secondhand smoke produces adverse effects on heart function. Estimates are that exposure to secondhand smoke causes nearly 34,000 premature deaths from heart disease and more than 8,000 deaths from strokes annually.
2. Opposition. Opponents believe that it is unnecessary to prescribe in state law a prohibition on smoking in public housing that is already more fully addressed under federal law. The federal rule does not include electronic cigarettes because there is a lack of consensus on their health effects, they do not significantly increase fire risks, and there is no conclusive evidence that vapors emitted from them cause damage to the units themselves.

Opponents also believe that including electronic cigarettes will increase the risk of eviction and therefore homelessness for public housing residents. They believe the public health gains from this bill will be offset by this increased risk of mortality for tenants evicted under this anti-smoking policy.

1. Prior legislation. SB 332 (Padilla), Chapter 264, Statutes of 2011, authorizes landlords of residential dwelling units to prohibit smoking of tobacco products on their property.

AB 746 (Levine) of the 2013-14 Legislative Session, would have prohibited smoking cigarettes or other tobacco products in all new or existing multifamily dwellings except in designated areas. This bill died in the Assembly Committee on Housing and Community Development.

Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 62 (

Author:Wood) – As Amended Ver:March 27, 2017

SUBJECT: Public housing: smoke-free policy

SUMMARY: Requires public housing agencies (PHAs) to prohibit smoking tobacco products in all public housing units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings. Specifically, this bill:

1. Requires PHAs to design and implement a policy prohibiting smoking tobacco products in all public housing units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.
2. Provides that these requirements apply to all public housing units, except for dwelling units in a mixed-finance project.
3. Allows PHAs to limit smoking tobacco products to designated smoking areas. These areas must be outside the restricted areas, as specified above. The smoking areas may include partially enclosed structures. A PHA may choose to make their entire grounds smoke free.
4. Requires a PHA’s smoke-free policy, at a minimum, to ban the smoking of all tobacco products.
5. Requires a PHA to amend each of the following to comply with this section:
   1. Applicable PHA plans; and
   2. Applicable tenant leases.
6. Requires PHAs to be in full compliance with this section no later than July 30, 2018.
7. Encourages PHAs to adopt a graduated enforcement framework that includes escalating warnings prior to pursuing tenant eviction for smokefree policy violations.
8. Defines “public housing” as low-income housing, and all necessary appurtenances (e.g., community facilities, laundry rooms, and public housing offices), assisted under the United States Housing Act of 1937, other than assistance under Section 8 of the Act. Public housing does not include any privately owned housing that is assisted under any federal, state, or local program, or housing not owned by a PHA.
9. Defines “Public Housing Agency” (PHA) as any state, county, municipality, or other government entity or body that is authorized to engage or assist in the development or operation of low-income housing under the United States Housing Act of 1937.
10. Defines “smoke” and “smoking” as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
11. Defines “tobacco product” as any of the following:
    1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
    2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; and
    3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
12. Provides that if the Commission on State Mandates determines this act contains costs mandated by the state, local agencies will be reimbursed for the costs pursuant to state law.

EXISTING LAW:

1. Requires, under federal law, all PHAs, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018 (24 C.F.R. § 965.653).
2. Requires, under federal law, that a PHA's smoke-free policy must, at a minimum, ban the use of all prohibited tobacco products. Prohibited tobacco products are defined as:
   1. Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes.
   2. To the extent not covered by (1), waterpipes (hookahs).

(24. C.F.R. § 965.653)

1. Defines, under state law, "smoke" and "smoking" as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking (Business and Professions Code Section 22950.5(c)).
2. Defines, under state law, a "tobacco product" as:
   1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
   2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah;
   3. Any component, part, or accessory of a tobacco product, whether or not sold separately; and
   4. A tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose (Business and Professions Code Section 22950.5(d)).

FISCAL EFFECT: Unknown

COMMENTS:

Background: Tobacco smoke is a toxic mix of more than 7,000 chemicals. Smoking can cause cancer almost anywhere in the body including the bladder, blood, cervix, colon, esophagus, kidney, larynx, liver, pancreas, stomach, trachea, bronchus, and lungs. According to the 2014 Surgeon General’s report there have been more than 20 million smoking related deaths in the United States since 1964; 2.5 million of those deaths were among non-smokers who died from exposure to secondhand smoke.

The U.S. Department of Housing and Urban Development (HUD) has advocated for PHAs to adopt smoke free policies since 2009. In December of 2016, HUD released a final rule requiring PHAs to establish a policy disallowing the use of prohibited tobacco products in all indoor areas of public housing, as well as outdoor areas up to 25 feet from the public housing and administrative office buildings. The rule defines prohibited tobacco products as “Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and little cigars…and water pipes (hookahs).” This definition does not include e-cigarettes.

According to HUD, "Research to date on Electronic Nicotine Delivery Systems (ENDS) is still developing and lacks clear consensus, in contrast with research on the effects of cigarettes and other tobacco products. Unlike with products that involve burning of substances, there is little evidence that ENDS significantly increases fire risks, and there is no conclusive evidence that the vapors emitted by ENDS cause damage to the units themselves. Therefore, prohibiting ENDS will not necessarily reduce the risk of catastrophic fires or maintenance costs for PHAs, and this rule does not prohibit the use of ENDS. However, PHAs may exercise their discretion to include a prohibition on ENDS in their individual smoke-free policies if they deem such a prohibition beneficial. In addition, if evidence in the future arises that banning ENDS will, for example, result in significant maintenance savings, HUD will reconsider including them in items that are prohibited inside public housing."

Purpose of the bill: AB 62 requires PHAs to implement a policy, by July 30, 2018, prohibiting smoking a tobacco product, including e- cigarettes, in all public housing living units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.

AB 62 codifies federal regulations and broadens the definition of smoking to conform with current California law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, which defines smoking as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

As previously noted, under existing law PHAs may exercise their discretion to include a prohibition on e-cigarettes in their individual smoke-free policies if they deem such a prohibition beneficial. This bill would require PHAs to prohibit smoking e-cigarettes.

Arguments in support:

Proponents, including the American Lung Foundation and the American Heart Foundation, support this bill because cigarette smoking remains the leading cause of preventable morbidity and premature death in the United States. Secondhand smoke produces adverse effects on heart function. Estimates are that exposure to secondhand smoke causes nearly 34,000 premature deaths from heart disease and more than 8,000 deaths from strokes annually.

Long term exposure to secondhand smoke, such as that occurring in the home, is associated with a 25% to 30% increase in risk for coronary heart disease in adult nonsmokers and leads to numerous other adverse health consequences. This bill will reduce the consumption of tobacco and protect residents from the harm caused by secondhand smoke.

Every resident deserves a smoke-free home because there is no safe level of exposure to secondhand smoke. The CDC found that nationally two out of every five children living in public housing are exposed to secondhand smoke. This exposure has been a proven contributor to higher rates of ear infections, asthma, coughs and colds, tooth decay, headaches, sore throats, eye irritation, hoarseness, and respiratory problems like bronchitis and pneumonia.

The California legislature took the important step to include electronic cigarettes in all smoke-free laws. This bill would include electronic cigarettes in the HUD smoke-free requirements, maintaining consistency across smoke-free policies in California.

Arguments in opposition:

Opponents, including the Western Center on Law and Poverty and the California Rural Legal Assistance Foundation, oppose this bill in its current form because of its inclusion of electronic cigarettes. Including electronic cigarettes will increase the risk of eviction and therefore homelessness for public housing residents. They believe the public health gains from this bill will be offset by this increased risk of mortality for tenants evicted under this anti-smoking policy. Homeless individuals are 4.5 times more likely to die prematurely compared to housed individuals. Smokers are 3 times more likely to die prematurely compared to nonsmokers, making homelessness 50% more deadly than smoking.

Opponents also believe that it is unnecessary to prescribe in state law a prohibition on smoking in public housing that is already more fully addressed under federal law. The federal rule does not include electronic cigarettes because there is a lack of consensus on their health effects, they do not significantly increase fire risks, and there is no conclusive evidence that vapors emitted from them cause damage to the units themselves.

The opponents do not believe that the recent amendments encouraging PHAs to adopt a graduated enforcement framework is sufficient to prevent homelessness. They request that the bill be amended to bar adverse actions, including eviction, against public housing residents who use tobacco products.

Staff comment: According to the Centers for Disease Control and Prevention, "more people in the United States are addicted to nicotine than to any other drug. Research suggests that nicotine may be as addictive as heroin, cocaine, or alcohol. Quitting smoking is hard and may require several attempts. People who stop smoking often start again because of withdrawal symptoms, stress, and weight gain."

Taking an adverse action against a resident who smokes, without first assisting the resident with locating available and accessible cessation services, will not help reduce the consumption of tobacco products and could result in an enormously negative health outcome for the resident if he or she becomes homeless. The proposed Committee amendments require PHAs to refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of the non-smoking policy.

Committee amendments:

The proposed amendments require PHAs to refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of the non-smoking policy. The amendments also remove the reference to "tenant eviction" in the bill and make technical, conforming changes. The amendments are as follows:

On page 3, in line 31, strike ", prior to pursuing tenant eviction for smoke free policy violations"

On page 3, in line 33, insert:

(f) PHAs must refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of this section.

On page 3, line 33, strike "f" and insert "g"

Previous legislation:

SB 332 (Padilla), Chapter 264, Statutes of 2011: Authorizes landlords of residential dwelling units to prohibit smoking of tobacco products on their property.

AB 746 (Levine, 2013): Would have prohibited smoking cigarettes or other tobacco products in all new or existing multifamily dwellings except in designated areas. This bill died in the Assembly Committee on Housing and Community Development.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics

American Cancer Society Cancer Action Network

American Heart Association/American Stroke Association

American Lung Association in California

Association of California Healthcare Districts

Breathe California

CaliforniaHealth+ Advocates

California Public Health Association-North

City of Santa Monica

County Health Executives Association of California

Health Officers Association of California

March of Dimes, California

Silicon Valley Leadership Group

Sonoma County Board of Supervisors

Tobacco Education and Research Oversight Committee

Opposition

American Civil Liberties Union of California

California NORML

California Rural Legal Assistance Foundation

Central California Legal Services

Greenbridge Corporate Counsel

Homeless Action Center

Law Foundation of Silicon Valley

Legal Aid Foundation of Los Angeles

Legal Aid Society of San Diego

Legal Services of Northern California

National Housing Law Project

San Diego Volunteer Lawyer Program Inc.

Western Center on Law and Poverty

Analysis Prepared by: Rebecca Rabovsky and Peter Stevens/ H. & C.D. /916-319-2085

Date of Hearing: April 19, 2017

ASSEMBLY COMMITTEE ON HOUSING AND COMMUNITY DEVELOPMENT

David Chiu, Chair

ABPCA Bill Id:AB 62 (

Author:Wood) – As Amended Ver:March 27, 2017

SUBJECT: Public housing: smoke-free policy

SUMMARY: Requires public housing agencies (PHAs) to prohibit smoking tobacco products in all public housing units, interior areas, and outdoor areas within 25 feet of public housing and administrative buildings. Specifically, this bill:

1. Requires PHAs to design and implement a policy prohibiting smoking tobacco products in all public housing units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.
2. Provides that these requirements apply to all public housing units, except for dwelling units in a mixed-finance project.
3. Allows PHAs to limit smoking tobacco products to designated smoking areas. These areas must be outside the restricted areas, as specified above. The smoking areas may include partially enclosed structures. A PHA may choose to make their entire grounds smoke free.
4. Requires a PHA’s smoke-free policy, at a minimum, to ban the smoking of all tobacco products.
5. Requires a PHA to amend each of the following to comply with this section:
   1. Applicable PHA plans; and
   2. Applicable tenant leases.
6. Requires PHAs to be in full compliance with this section no later than July 30, 2018.
7. Encourages PHAs to adopt a graduated enforcement framework that includes escalating warnings prior to pursuing tenant eviction for smokefree policy violations.
8. Defines “public housing” as low-income housing, and all necessary appurtenances (e.g., community facilities, laundry rooms, and public housing offices), assisted under the United States Housing Act of 1937, other than assistance under Section 8 of the Act. Public housing does not include any privately owned housing that is assisted under any federal, state, or local program, or housing not owned by a PHA.
9. Defines “Public Housing Agency” (PHA) as any state, county, municipality, or other government entity or body that is authorized to engage or assist in the development or operation of low-income housing under the United States Housing Act of 1937.
10. Defines “smoke” and “smoking” as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. “Smoking” includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.
11. Defines “tobacco product” as any of the following:
    1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
    2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah; and
    3. Any component, part, or accessory of a tobacco product, whether or not sold separately.
12. Provides that if the Commission on State Mandates determines this act contains costs mandated by the state, local agencies will be reimbursed for the costs pursuant to state law.

EXISTING LAW:

1. Requires, under federal law, all PHAs, as defined, to implement a policy prohibiting the use of tobacco products in all public housing living units, interior areas, and outdoor areas within 25 feet of public housing and administrative office buildings, except in designated smoking areas, by July 30, 2018 (24 C.F.R. § 965.653).
2. Requires, under federal law, that a PHA's smoke-free policy must, at a minimum, ban the use of all prohibited tobacco products. Prohibited tobacco products are defined as:
   1. Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and pipes.
   2. To the extent not covered by (1), waterpipes (hookahs).

(24. C.F.R. § 965.653)

1. Defines, under state law, "smoke" and "smoking" as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form. Smoking includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking (Business and Professions Code Section 22950.5(c)).
2. Defines, under state law, a "tobacco product" as:
   1. A product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, or snuff;
   2. An electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe, or hookah;
   3. Any component, part, or accessory of a tobacco product, whether or not sold separately; and
   4. A tobacco product does not include a product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where the product is marketed and sold solely for such an approved purpose (Business and Professions Code Section 22950.5(d)).

FISCAL EFFECT: Unknown

COMMENTS:

Background: Tobacco smoke is a toxic mix of more than 7,000 chemicals. Smoking can cause cancer almost anywhere in the body including the bladder, blood, cervix, colon, esophagus, kidney, larynx, liver, pancreas, stomach, trachea, bronchus, and lungs. According to the 2014 Surgeon General’s report there have been more than 20 million smoking related deaths in the United States since 1964; 2.5 million of those deaths were among non-smokers who died from exposure to secondhand smoke.

The U.S. Department of Housing and Urban Development (HUD) has advocated for PHAs to adopt smoke free policies since 2009. In December of 2016, HUD released a final rule requiring PHAs to establish a policy disallowing the use of prohibited tobacco products in all indoor areas of public housing, as well as outdoor areas up to 25 feet from the public housing and administrative office buildings. The rule defines prohibited tobacco products as “Items that involve the ignition and burning of tobacco leaves, such as (but not limited to) cigarettes, cigars, and little cigars…and water pipes (hookahs).” This definition does not include e-cigarettes.

According to HUD, "Research to date on Electronic Nicotine Delivery Systems (ENDS) is still developing and lacks clear consensus, in contrast with research on the effects of cigarettes and other tobacco products. Unlike with products that involve burning of substances, there is little evidence that ENDS significantly increases fire risks, and there is no conclusive evidence that the vapors emitted by ENDS cause damage to the units themselves. Therefore, prohibiting ENDS will not necessarily reduce the risk of catastrophic fires or maintenance costs for PHAs, and this rule does not prohibit the use of ENDS. However, PHAs may exercise their discretion to include a prohibition on ENDS in their individual smoke-free policies if they deem such a prohibition beneficial. In addition, if evidence in the future arises that banning ENDS will, for example, result in significant maintenance savings, HUD will reconsider including them in items that are prohibited inside public housing."

Purpose of the bill: AB 62 requires PHAs to implement a policy, by July 30, 2018, prohibiting smoking a tobacco product, including e- cigarettes, in all public housing living units and interior areas, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located.

AB 62 codifies federal regulations and broadens the definition of smoking to conform with current California law, the Stop Tobacco Access to Kids Enforcement (STAKE) Act, which defines smoking as inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other heated tobacco or plant product intended for inhalation, whether natural or synthetic, in any manner or in any form, including the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking.

As previously noted, under existing law PHAs may exercise their discretion to include a prohibition on e-cigarettes in their individual smoke-free policies if they deem such a prohibition beneficial. This bill would require PHAs to prohibit smoking e-cigarettes.

Arguments in support:

Proponents, including the American Lung Foundation and the American Heart Foundation, support this bill because cigarette smoking remains the leading cause of preventable morbidity and premature death in the United States. Secondhand smoke produces adverse effects on heart function. Estimates are that exposure to secondhand smoke causes nearly 34,000 premature deaths from heart disease and more than 8,000 deaths from strokes annually.

Long term exposure to secondhand smoke, such as that occurring in the home, is associated with a 25% to 30% increase in risk for coronary heart disease in adult nonsmokers and leads to numerous other adverse health consequences. This bill will reduce the consumption of tobacco and protect residents from the harm caused by secondhand smoke.

Every resident deserves a smoke-free home because there is no safe level of exposure to secondhand smoke. The CDC found that nationally two out of every five children living in public housing are exposed to secondhand smoke. This exposure has been a proven contributor to higher rates of ear infections, asthma, coughs and colds, tooth decay, headaches, sore throats, eye irritation, hoarseness, and respiratory problems like bronchitis and pneumonia.

The California legislature took the important step to include electronic cigarettes in all smoke-free laws. This bill would include electronic cigarettes in the HUD smoke-free requirements, maintaining consistency across smoke-free policies in California.

Arguments in opposition:

Opponents, including the Western Center on Law and Poverty and the California Rural Legal Assistance Foundation, oppose this bill in its current form because of its inclusion of electronic cigarettes. Including electronic cigarettes will increase the risk of eviction and therefore homelessness for public housing residents. They believe the public health gains from this bill will be offset by this increased risk of mortality for tenants evicted under this anti-smoking policy. Homeless individuals are 4.5 times more likely to die prematurely compared to housed individuals. Smokers are 3 times more likely to die prematurely compared to nonsmokers, making homelessness 50% more deadly than smoking.

Opponents also believe that it is unnecessary to prescribe in state law a prohibition on smoking in public housing that is already more fully addressed under federal law. The federal rule does not include electronic cigarettes because there is a lack of consensus on their health effects, they do not significantly increase fire risks, and there is no conclusive evidence that vapors emitted from them cause damage to the units themselves.

The opponents do not believe that the recent amendments encouraging PHAs to adopt a graduated enforcement framework is sufficient to prevent homelessness. They request that the bill be amended to bar adverse actions, including eviction, against public housing residents who use tobacco products.

Staff comment: According to the Centers for Disease Control and Prevention, "more people in the United States are addicted to nicotine than to any other drug. Research suggests that nicotine may be as addictive as heroin, cocaine, or alcohol. Quitting smoking is hard and may require several attempts. People who stop smoking often start again because of withdrawal symptoms, stress, and weight gain."

Taking an adverse action against a resident who smokes, without first assisting the resident with locating available and accessible cessation services, will not help reduce the consumption of tobacco products and could result in an enormously negative health outcome for the resident if he or she becomes homeless. The proposed Committee amendments require PHAs to refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of the non-smoking policy.

Committee amendments:

The proposed amendments require PHAs to refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of the non-smoking policy. The amendments also remove the reference to "tenant eviction" in the bill and make technical, conforming changes. The amendments are as follows:

On page 3, in line 31, strike ", prior to pursuing tenant eviction for smoke free policy violations"

On page 3, in line 33, insert:

(f) PHAs must refer residents to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of this section.

On page 3, line 33, strike "f" and insert "g"

Previous legislation:

SB 332 (Padilla), Chapter 264, Statutes of 2011: Authorizes landlords of residential dwelling units to prohibit smoking of tobacco products on their property.

AB 746 (Levine, 2013): Would have prohibited smoking cigarettes or other tobacco products in all new or existing multifamily dwellings except in designated areas. This bill died in the Assembly Committee on Housing and Community Development.

REGISTERED SUPPORT / OPPOSITION:

Support

American Academy of Pediatrics

American Cancer Society Cancer Action Network

American Heart Association/American Stroke Association

American Lung Association in California

Association of California Healthcare Districts

Breathe California

CaliforniaHealth+ Advocates

California Public Health Association-North

California Rural Legal Assistance

City of Santa Monica

County Health Executives Association of California

Health Officers Association of California

March of Dimes, California

Silicon Valley Leadership Group

Sonoma County Board of Supervisors

Tobacco Education and Research Oversight Committee

Opposition

American Civil Liberties Union of California

California NORML

California Rural Legal Assistance Foundation

Central California Legal Services

Greenbridge Corporate Counsel

Homeless Action Center

Law Foundation of Silicon Valley

Legal Aid Foundation of Los Angeles

Legal Aid Society of San Diego

Legal Services of Northern California

National Housing Law Project

San Diego Volunteer Lawyer Program Inc.

Western Center on Law and Poverty

Analysis Prepared by: Rebecca Rabovsky and Peter Stevens/ H. & C.D. /916-319-2085