Bill Text: CA SB332 | 2011-2012 | Regular Session | Amended

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

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Bill Title: Rental dwellings: smoking.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Passed) 2011-09-06 - Chaptered by Secretary of State. Chapter 264, Statutes of 2011. [SB332 Detail]

Download: California-2011-SB332-Amended.html

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BILL NUMBER: SB 332	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 14, 2011

INTRODUCED BY   Senator Padilla

                        FEBRUARY 15, 2011

   An act to add Article 1.5 (commencing with Section 104497) to
Chapter 1 of Part 3 of Division 103 of the Health and Safety Code,
relating to smoking.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 332, as amended, Padilla. Smoking: rental dwellings.
   Existing law regulates the terms and conditions of residential
tenancies. Existing law authorizes the creation of antitobacco use
programs for school-age populations and prohibits any person from
smoking a cigarette, cigar, or other tobacco-related product, or from
disposing of cigarette butts, cigar butts, or any other
tobacco-related waste, within a playground.
   This bill would authorize a landlord of a residential dwelling
unit to prohibit the smoking of tobacco products on the property, in
a dwelling unit, in another interior or exterior area, or on the
premises on which the dwelling unit is located. The bill would make
certain requirements on notices and leases executed on and after, and
on and before, January 1, 2012, in this regard. The bill would
 require that a landlord give notice of a change in a rental
agreement to prohibit smoking at an unspecified date prior to the
change   require that a landlord who prohibits smoking
pursuant to this authority be subject to state and local notice
requirements governing changes to the terms of a rental agreement for
tenants, as specified  .
   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) More than 443,000 people die in the United States from
tobacco-related diseases every year, making tobacco-related diseases
the nation's leading cause of preventable death.
   (b) The State Department of Public Health has estimated that 86
percent of adult Californians are nonsmokers. Secondhand smoke is
responsible for an estimated 49,400 deaths among nonsmokers each year
in the United States, which includes 3,400 lung cancer deaths and
46,000 deaths due to heart disease. Secondhand smoke also has been
proven to cause cancer in humans.
   (c) Secondhand smoke exposure adversely affects fetal growth with
elevated risk of low birth weight and increased risk of sudden infant
death syndrome (SIDS) in infants of mothers who smoke.
   (d) Secondhand smoke exposure causes as many as 300,000 children
in the United States under 18 months of age to suffer lower
respiratory tract infections, such as pneumonia and bronchitis;
exacerbates childhood asthma; and increases the risk of acute,
chronic, middle-ear infections in children.
   (e) The United States Environmental Protection Agency has
classified secondhand smoke as a group A carcinogen, the most
dangerous class of carcinogen.
   (f) The United States Surgeon General has concluded that there is
no risk-free level of exposure to secondhand smoke.
   (g) The State Air Resources Board has put secondhand smoke in the
same category as the most toxic automotive and industrial air
pollutants by categorizing it as a toxic air contaminant for which
there is no safe level of exposure.
   (h) The California Environmental Protection Agency has included
secondhand smoke on the Proposition 65 list of chemicals known to the
State of California to cause cancer, birth defects, and other
reproductive harm.
   (i) Thirty-one percent of California's housing is multiunit
residences, such as apartments and condominiums.
  SEC. 2.  Article 1.5 (commencing with Section 104497) is added to
Chapter 1 of Part 3 of Division 103 of the Health and Safety Code, to
read:

      Article 1.5.  Smoking of Tobacco Products in Residential Rental
Units


   104497.  (a) Notwithstanding any other provision of law, a
landlord of a residential dwelling unit, as defined in Section 1940
of the Civil Code, or his or her agent, may prohibit the smoking of a
cigarette, as defined in Section 104556, or other tobacco product on
the property or in any building or portion of the building,
including any dwelling unit, other interior or exterior area, or the
premises on which it is located, in accordance with  the
  this  article.
   (b) (1) Every lease or rental agreement entered into on or after
January 1, 2012, for a residential dwelling unit on property on any
portion of which the landlord has prohibited the smoking of
cigarettes and other tobacco products pursuant to this article shall
include a provision that specifies the areas on the property where
smoking is prohibited.
   (2) For a lease or rental agreement entered into before January 1,
2012, a prohibition against the smoking of cigarettes and other
tobacco products in any portion of the  a  property
in which smoking was previously permitted shall constitute a change
of the terms of tenancy, requiring adequate notice in writing, to be
provided in the manner prescribed in Section 1162 of the Code of
Civil Procedure. 
   (c) On and after January 1, 2012, a landlord shall provide notice
of a change to the terms of a rental agreement to prohibit a tenant
from smoking in the tenant's dwelling unit, as authorized in
subdivision (a), ____ months prior to the effective date of the
change.  
   (c) A landlord who exercises the authority provided in subdivision
(a) to prohibit smoking shall be subject to state and local notice
requirements governing changes to the terms of a rental agreement for
tenants with rental agreements that are in existence at the time
that the policy prohibiting smoking is adopted.