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Notice of Modification to Text Proposed Amendments to Article 6 Clear and Reasonable Warnings Residential Rental Property Exposure Warnings New Sections 25607.34 and 25607.35

As required by Government Code section 11346.8(c), and Title 1, section 44 of the California Code of Regulations, the Office of Environmental Health Hazard Assessment (OEHHA) is providing notice of changes to the proposed regulatory action to adopt new Sections 25607.34 and 25607.35 to Article 6 of Title 27 of the California Code of Regulations.

The proposed regulation was originally the subject of a Notice of Proposed Rulemaking published on March 2, 2018, in the California Regulatory Notice Register (Register No. Z2018-0220-06), which initiated a 45-day public comment period.  Three written comments from the public were received during the comment period that ended April 16, 2018.    

OEHHA has modified the following provisions of the proposed regulation for purposes of increased clarity:

Section 25607.34

  • Subsection (b) was modified to provide clarification as to the methods for providing safe harbor warnings for residential rental properties.  Subsection (b) requires that warnings provided pursuant to this section be in hard copy or electronic format.
  • The methods contained in subsections (b)(1) and (b)(2) were generally incorporated within subsection (b).
  • Subsection (b) now provides that warnings may be provided via one of the methods in subsection (b)(1)-(4) or through a combination of those methods so long as each known adult occupant receives a warning at the time of renting, leasing, letting, or hiring out the property, and an annual warning thereafter.
  • Subsection (b)(1) provides that the warning may be provided in a letter to each known adult occupant and to “Tenants and Occupants” if the names of all the adult occupants are not known.
  • Subsection (b)(2) provides an option to deliver the warning in an email to each email address used to communicate information to the known adult occupants and to other tenants and occupants.
  • Subsection (b)(3) was added to clarify that a warning can be included in the lease or rental agreement, but only as to parties who signed or are named in the lease or rental agreement.  The warning may be provided to other known occupants using one or more of the methods in subsections (b)(1) or (b)(2).
  • Subsection (b)(4) was added to clarify the methods for providing annual warnings in a renewed lease or rental agreement after the initial term. The methods generally track the methods for providing the initial warning. The annual renewal of the warning may be provided using one or more of the methods in subsections (b)(1) or (b)(2), or may be provided in renewal lease or rental agreements for the property, but only as to the parties who signed or are named in the lease or rental agreement and only for the year in which the lease or rental agreement is renewed.

Section 25607.35

  • Section 25607.35, subsections (a)(4) and (a)(6) were modified by adding the term “listed” for consistency, to refer to chemicals on the Proposition 65 list.  

The regulatory text with the modified language provided in underline and strikeout format is included with this notice.  These proposed modifications are available on the OEHHA website at www.oehha.ca.gov, and may be requested from Monet Vela at the OEHHA Legal Office at (916) 323-2517.

OEHHA is requesting comments on the modifications to the regulatory text.  In order to be considered, OEHHA must receive comments by 5:00 p.m. on November 7, 2018, the designated close of the comment period.  All comments will be posted on the OEHHA website at the close of the public comment period. 

Comments may be submitted electronically through our website at https://oehha.ca.gov/comments.  E-mail comments may be sent to P65Public.Comments@oehha.ca.gov.  Please include “Residential Rental Property Exposure Warnings” in the subject line when submitting emailed comments. 

Comments submitted in paper form can be submitted by mail, fax, or hand-delivered to the address below.

Monet Vela
Office of Environmental Health Hazard Assessment
1001 I Street, 23rd Floor

P. O. Box 4010
Sacramento, California 95812-4010

Telephone: 916-323-2517
Fax: 916-323-2610

OEHHA is subject to the California Public Records Act and other laws that require the release of certain information upon request.  If you provide comments, please be aware that your name, address and e-mail may be available to third parties.

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