BILL NUMBER: SB 328INTRODUCED BILL TEXT INTRODUCED BY Senator Hueso FEBRUARY 23, 2015 An act to add Section 1940.8.5 to the Civil Code, relating to rental property. LEGISLATIVE COUNSEL'S DIGEST SB 328, as introduced, Hueso. Landlords: notice of pesticide use. 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 landlord's 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. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. The Legislature finds and declares all of the following: (a) Exposure to pests, such as arthropods and rodents, in one's home has clear health impacts. Cockroaches are known to produce allergens that trigger asthma, especially in children. A National Institutes of Health study found that cockroach allergens are the primary contributor to childhood asthma in inner-city homes. House mice can spread a type of meningitis. Bed bug bites can cause itching and become infected, while bed bug infestations have been linked to severe mental stress. (b) In many cases, pesticides that are used in homes are linked to serious health concerns. According to the United States Environmental Protection Agency, out of 94 million households in the United States, 60 million of them use pesticides every year. The number and concentrations of pesticides found in household dust exceed those found in food, soil, or air. Pesticides can remain in carpets and kitchen floors for years, creating long-term exposure to substances that can cause various health problems, including acute and persistent injury to the nervous system, injury to reproductive systems, respiratory problems such as asthma, birth defects, and cancer. (c) Children, whose bodies and brains are still developing, are more susceptible to pesticide poisoning than adults. For children, exposure to pesticides can have irreversible detrimental effects, including learning disabilities, cancer, leukemia, and asthma development. According to 2010 data from the American Association of Poison Control Centers, over 40,000 children are involved in common household pesticide-related poisoning or exposure each year in the United States. (d) Broadcast applications of liquid pesticides, such as aerosols, foggers, or sprays, often over-expose occupants to pesticides. Many residential rental property owners use those broadcast applications on a regular schedule to suppress pests, resulting in continuous exposure to tenants. Additionally, broadcast applications of liquid pesticides have been proven ineffective in managing cockroaches and other pests. Pests often return after the use of these applications because the underlying conditions go unaddressed. Evidence also suggests that in some cases, pesticide applications increase the allergens produced by cockroaches, exacerbating their negative health impact. (e) Existing law requires licensed pest control operators to provide to tenants prior to a pesticide application, advance written notification that includes the pest to be targeted, the pesticide to be used, the frequency of its use, and a health and safety statement. (f) Landlords or property managers commonly apply commercial pesticides without using the services of a licensed professional. Currently, there is no notification requirement for tenants when pesticides are applied by a nonprofessional. SEC. 2. Section 1940.8.5 is added to the Civil Code, to read: 1940.8.5. (a) For purposes of this section, the following terms have the following meanings: (1) "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. (2) "Landlord" means an owner of residential rental property. (3) "Pest" means a living organism that causes damage to property or economic loss, or transmits or produces diseases. (b) (1) (A) If a landlord or authorized agent applies any pesticide without a licensed pest control operator, the landlord or authorized agent shall provide, consistent with the requirements of subparagraph (B), an affected tenant with written notice that contains, in nontechnical language and in clear and coherent manner, the following statements and information: (i) The pest to be controlled. (ii) The pesticide product proposed to be used. (iii) "State law requires that you be given the following information: CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California Department of Pesticide Regulation and the United States Environmental Protection Agency allows the unlicensed use of certain pesticides based on existing scientific evidence that there are no appreciable risks if proper use conditions are followed or that the risks are outweighed by the benefits. The degree of risk depends upon the degree of exposure, so exposure should be minimized. If within 24 hours following application you experience symptoms similar to common seasonal illness comparable to influenza, you should contact your physician or local poison control center (telephone number). For further information, contact any of the following: for Health Questions - the County Health Department (telephone number) and for Regulatory Information - the Department of Pesticide Regulation (telephone number). (iv) The frequency with which the pesticide will be applied. (B) The tenant must receive the notice at least 48 hours prior to application of the pesticide in at least one of the following ways: (i) First-class mail. (ii) Personal delivery. (2) Nothing in this section abrogates the responsibility of a registered structural pest control company to abide by the notification requirements of Section 8538 of the Business and Professions Code. (c) Nothing in this section authorizes a landlord or authorized agent to enter a tenant's dwelling unit in violation of Section 1954.