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AB-62 Public housing: smoke-free policy.(2017-2018)

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Date Published: 05/01/2017 09:00 PM
AB62:v96#DOCUMENT

Amended  IN  Assembly  May 01, 2017
Amended  IN  Assembly  March 27, 2017
Amended  IN  Assembly  February 07, 2017

CALIFORNIA LEGISLATURE— 2017–2018 REGULAR SESSION

Assembly Bill
No. 62

Introduced by Assembly Member Wood

December 09, 2016

An act to add Section 104496 to the Health and Safety Code, relating to tobacco products.


LEGISLATIVE COUNSEL'S DIGEST


AB 62, as amended, Wood. Public housing: smoke-free policy.
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.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 104496 is added to the Health and Safety Code, to read:

104496.
 (a) For purposes of this section, the following definitions shall govern:
(1) “Public housing” means low-income housing, and all necessary appurtenances (e.g., community facilities, public housing offices, day care centers, and laundry rooms) thereto, assisted under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), other than assistance under Section 8 of that act. Public housing does not include any privately owned low-income or moderate-income housing that is assisted under any other federal, state, or local program, or housing that is not owned by a public housing agency.
(2) “Public housing agency” or “PHA” means any state, county, municipality, or other governmental entity or public body, or agency or instrumentality of those entities, that is authorized to engage or assist in the development or operation of low-income housing under the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.).
(3) “Smoke” and “smoking” have the same meaning as in subdivision (c) of Section 22950.5 of the Business and Professions Code.
(4) “Tobacco product” means a product or device as defined in subdivision (d) of Section 29950.5 of the Business and Professions Code.
(b) This section applies to all public housing units, except for dwelling units in a mixed-finance project.
(c) (1) A PHA shall design and implement a policy prohibiting smoking a tobacco product in all public housing living units and interior areas, including, but not limited to, hallways, rental and administrative offices, community centers, day care centers, laundry centers, and similar structures, as well as outdoor areas within 25 feet from public housing and administrative office buildings in which public housing is located. The locations described in this paragraph shall be referred to collectively as “restricted areas.”
(2) A PHA may limit smoking tobacco products to designated smoking areas on the grounds of public housing or administrative office buildings in order to accommodate residents who smoke. These areas shall be outside of any restricted areas, as defined in paragraph (1), and may include partially enclosed structures. Alternatively, a PHA may choose to create additional smoke-free areas outside the restricted areas or to make their entire grounds smoke free.
(3) A PHA’s smoke-free policy shall, at a minimum, ban the smoking of all tobacco products.
(d) A PHA shall implement the requirements of this section by amending each of the following:
(1) All applicable PHA plans, according to the provisions in Part 903 of Title 24 of the Code of Federal Regulations.
(2) Tenant leases, according to the provisions in Section 966.4 of Title 24 of the Code of Federal Regulations.
(e) PHAs are encouraged to adopt a graduated enforcement framework that includes escalating warnings with documentation to the tenant file. Under this approach, a PHA would take specific progressive monitoring and enforcement actions, while educating tenants and providing smoking cessation resources or referrals, prior to pursuing tenant eviction for smoke-free policy violations. referrals.
(f) A PHA shall refer a resident to any available and accessible smoking cessation options before engaging in an adverse action against the resident based on a violation of smoke-free policies.

(f)

(g) A PHA shall be in full compliance with this section by no later than July 30, 2018.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.