Bill Text: CA AB2362 | 2015-2016 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Common interest developments: pesticide application.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2016-09-13 - Chaptered by Secretary of State - Chapter 330, Statutes of 2016. [AB2362 Detail]

Download: California-2015-AB2362-Amended.html

---

BILL NUMBER: AB 2362	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2016

INTRODUCED BY   Assembly Member Chu

                        FEBRUARY 18, 2016

   An act  to add Section 4777 to the Civil Code,   relating
to common interest developments.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2362, as amended, Chu. Common interest  developments.
  developments: pesticide a   pplication. 

   Existing law, the Davis-Stirling Common Interest Development Act,
regulates the creation and governance of common interest
developments, which are managed  by  associations. 
Existing law generally provides that an association is responsible
for maintaining common areas in the development and owners of
separate interests are responsible for their interests. Existing law
permits an association to require the removal of an occupant of a
separate interest for such times and periods as may be necessary for
the effective treatment of wood-destroying pests.  Existing law
generally requires a landlord or his or her authorized agent to
provide notice to tenants, and under certain circumstances tenants of
adjacent units, of the use of pesticides at the tenant's dwelling
unit or in common areas if the landlord or authorized agent applies
any pesticide without a licensed pest control operator.
   This bill would  state the intent of the Legislature to
subsequently amend this bill to include provisions that would require
notification of tenants living in a unit on property that is part of
a homeowner's association when pesticides are to be applied by
unlicensed professionals.   require a common interest
development association or its authorized agent to provide notice to
an owner or tenant of a separate interest, and under certain
circumstances to owners or tenants of adjacent separate interests, if
pesticide is to be applied without a licensed pest control operator
to a separate interest or to a common area. The bill would prescribe
the contents   of the notice and how it is to be provided.
The bill would authorize an owner or occupant to agree to immediate
pesticide application and would prescribe a revised notification
procedure in this instance. 
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    The Legislature finds and declares the
following: 
    (a)     Existing law, Section 1940.8.5 of
the Civil Code, requires a landlord or his or her agent who applies
pesticide in certain ways to a dwelling unit or common area without a
licensed pest control operator to provide to tenants of potentially
affected units written notification that includes the pest to be
targeted, the pesticide to be used, the frequency of its use, and a
health and   safety statement prior to the pesticide
application.  
   (b) It is the intent of this bill, therefore, that when pesticides
are about to be applied to the separate interests or to the common
areas of a common interest development either by the homeowner
association or by one of its agents rather than by a licensed pest
control operator, that the occupants of the separate interests,
whether owners or tenants, and occupants of adjacent separate units
that could reasonably be impacted by the pesticide be provided with
substantially the same written notification that they would have
received under existing law had the pesticides been applied by a
licensed pest control operator. 
   SEC. 2.    Section 4777 is added to the  
Civil Code   , to read:  
   4777.  (a) For the purposes of this section:
   (1) "Adjacent separate interest" means a separate interest that is
directly beside, above, or below a particular separate interest or
the common area.
   (2) "Authorized agent" means an individual, organization, or other
entity that has entered into an agreement with the association to
act on the association's behalf.
   (3) "Broadcast application" means spreading pesticide over an area
greater than two square feet.
   (4) "Electronic delivery" means delivery of a document by
electronic means to the electronic address at, or through which, an
owner of a separate interest has authorized electronic delivery.
   (5) "Licensed pest control operator" means anyone licensed by the
state to apply pesticides.
   (6) "Pest" means a living organism that causes damage to property
or economic loss, or transmits or produces diseases.
   (7) "Pesticide" means any substance, or mixture of substances,
that is intended to be used for controlling, destroying, repelling,
or mitigating any pest or organism, excluding antimicrobial
pesticides as defined by the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. Sec. 136(mm)).
   (b) (1) An association or its authorized agent that applies any
pesticide to a separate interest or to the common area without a
licensed pest control operator shall provide the owner or the tenant
of an affected separate interest and, if making broadcast
applications, or using total release foggers or aerosol sprays, the
owner or tenant in an adjacent separate interest that could
reasonably be impacted by the pesticide use with written notice that
contains the following statements and information using words with
common and everyday meaning:
   (A) The pest or pests to be controlled.
   (B) The name and brand of the pesticide product proposed to be
used.
   (C) "State law requires that you be given the following
information:

   CAUTION - PESTICIDES ARE TOXIC CHEMICALS. The California
Department of Pesticide Regulation and the United States
Environmental Protection Agency allow the unlicensed use of certain
pesticides based on existing scientific evidence that there are no
appreciable risks if proper use conditions are followed or that the
risks are outweighed by the benefits. The degree of risk depends upon
the degree of exposure, so exposure should be minimized.
   If within 24 hours following application of a pesticide, a person
experiences symptoms similar to common seasonal illness comparable to
influenza, the person should contact a physician, appropriate
licensed health care provider, or the California Poison Control
System (1-800-222-1222).
   For further information, contact any of the following: for Health
Questions - the County Health Department (telephone number) and for
Regulatory Information - the Department of Pesticide Regulation
(916-324-4100)."

   (D) The approximate date, time, and frequency with which the
pesticide will be applied.
   (E) The following notification:
   "The approximate date, time, and frequency of this pesticide
application is subject to change."
   (2) At least 48 hours prior to application of the pesticide to a
separate interest, the association or its authorized agent shall
provide individual notice to the owner of the separate interest as
well as notice to any tenant of the separate interest, as well as any
owner or tenant occupying any adjacent separate interest that is
required to be notified pursuant to paragraph (1). Notice to tenants
of separate interests shall be provided, in at least one of the
following ways:
   (A) First-class mail.
   (B) Personal delivery to an occupant 18 years of age or older.
   (C) Electronic delivery, if an electronic mailing address has been
provided by the tenant.
   (3) (A) Upon receipt of written notification, the owner of the
separate interest or the tenant may agree in writing or, if
notification was delivered electronically, the tenant may agree
through electronic delivery, to allow the association or authorized
agent to apply a pesticide immediately or at an agreed upon time.
   (B) (i) Prior to receipt of written notification, the association
or authorized agent may agree orally to an immediate pesticide
application if the owner or occupant requests that the pesticide be
applied before the 48-hour of the pesticide product proposed to be
used.
   (ii) With respect to an owner or occupant entering into an oral
agreement for immediate pesticide application, the association or
authorized agent, no later than the time of pesticide application,
shall leave the written notice specified in paragraph (1) in a
conspicuous place in the separate interest or at the entrance of the
separate interest in a manner in which a reasonable person would
discover the notice.
   (iii) If any owner of a separate interest or occupant in an
adjacent separate interest is also required to be notified pursuant
to this subparagraph, the association or authorized agent shall
provide that person with this notice as soon as practicable after the
oral agreement is made authorizing immediate pesticide application,
but in no case later than commencement of application of the
pesticide.
   (4) A copy of a written notice provided pursuant paragraph (1)
shall be attached to the minutes of the board meeting immediately
subsequent the application of the pesticide.  
  SECTION 1.    It is the intent of the Legislature
to subsequently amend this measure to include provisions that would
require notification of tenants living in a unit on property that is
part of an owners' association when pesticides are to be applied by
unlicensed professionals.