Today's Law As Amended

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AB-746 Secondhand smoke.(2013-2014)


 Article 4 (commencing with Section 118960) is added to Chapter 4 of Part 15 of Division 104 of the Health and Safety Code, to read:

Article  4. Secondhand Smoke
 (a) The Legislature finds and declares all of the following:
(1) The Surgeon General of the United States has found that there is no risk-free level of contact with secondhand smoke.
(2) The State Air Resources Board has classified secondhand smoke as a toxic air contaminant.
(3) The federal Centers for Disease Control and Prevention (CDC) estimates that secondhand smoke causes 50,000 premature deaths annually. In infants and children, secondhand smoke exposure can cause severe asthma attacks, respiratory infections, ear infections, and sudden infant death syndrome. Secondhand smoke can both cause and worsen respiratory conditions, including chronic obstructive pulmonary disease (COPD). Adults with COPD are particularly at risk when exposed to secondhand smoke, often developing a worsening of COPD symptoms, including increased shortness of breath, cough, and mucus production. Secondhand tobacco smoke kills more people than all the other carcinogens currently regulated by the United States Environmental Protection Agency combined, including asbestos, arsenic, benzene, radon, and radionuclides.
(4) In December 2012, the CDC published a study in the Journal of Nicotine and Tobacco that estimated that 4.6 to 4.9 million Californians are exposed to secondhand smoke in their multiunit housing homes against their wishes.
(5) In April 2013, a study published in the American Journal of Preventive Medicine concluded that efforts to prohibit smoking in all subsidized housing would protect health and generate substantial cost savings to society.
(6) Lighted tobacco is the leading cause of residential fire deaths. Of residential fire deaths from tobacco, one-in-four fatalities was not the smoker.
(7) According to the CDC, secondhand smoke exposure tends to be high for persons with low incomes. Sixty and one-half percent of people living below the poverty level in the United States are exposed to secondhand smoke. Secondhand smoke exposure also disproportionally affects non-Hispanic black Americans with over 55 percent facing exposure.
(8) According to the State Department of Public Health, over 90 percent of all people agree that any exposure to secondhand smoke can harm the health of babies and children, and over 75 percent of smokers recognize that inhaling smoke from someone else’s cigarette causes lung cancer.
(9) Multiple studies show that secondhand smoke can move through air ducts, wall and floor cracks, elevator shafts, and along crawl spaces to contaminate apartments on other floors, including those that are far from the smoke. Secondhand smoke cannot be controlled with ventilation, air cleaning, or by separating smokers from nonsmokers.
(b) As a matter of state policy, every person in the State of California has the right to a 100 percent smoke-free home by 2030.