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Overview of State & Local BedBug LegislationGene Harrington, NPMASecond National Bed Bug SummitWashington, DCFebruary 1, 2011
Primary Drivers/Concerns ofPolicy Makers Affordability/Accountability/Identifying who isresponsible for paying for mitigating bed buginfestations and replacing associatedloss/destruction of possessionsProtecting hospitality industry and tourismrevenueProviding additional tools to combat bed bugsRight to Know/DisclosureSanitation related issues (i.e. wrappingdiscarded mattresses, treating usedmattresses & furniture)
Quick Overview Legislative bodies in Alabama, Arizona,Connecticut, Illinois, Maine, NewHampshire, New Jersey, New York, Ohio,Pennsylvania and South Carolina haveconsidered bed bug legislation in 2010-11IL, ME & NY all adopted bed bug relatedlaws last yearMunicipalities have also addressed or arelooking at issue – Jersey City, San Francisco,New York City, Boston, Cincinnati, Detroit,Yonkers, NY; Ocean City, MD; Bellevue, KYetc.
New Jersey & Maine On the heels of Jersey City 2008 ordinance, a NewJersey state assemblywoman from Jersey Cityintroduced legislation regarding bed bug infestations inmulti-family housingConsideration of bill involved numerous stakeholdersincluding legislators, New Jersey Pest ManagementAssociation, New Jersey Apartment Association, tenantsgroups, etcLegislation assigns various duties and responsibilities tolandlord, tenant, and pest management professional &has served as a model for bills introduced in Alabama,Arizona, Maine, and PennsylvaniaThen-Maine Governor John Baldacci signedcomprehensive bed bug legislation into law in April 2010
Maine Bed Bug Law Landlord must: Inspect the unit for bed bugs within fivedays of being notified by tenant ofpossibility of infestationContact a “pest control agent” within 10days of determining there is an infestationTake reasonable measures to effectivelyidentify and treat bed bug infestation asdetermined by pest control agentEmploy a pest control agent that carriescurrent liability insurance to promptly treatinfestation
Maine Bed Bug LawBefore renting a dwelling unit, alandlord shall disclose to a prospectivetenant if an adjacent unit is currentlyinfested with or being treated for bedbugs If requested, the landlord must informprospective tenant of the last date theunit or an adjacent unit was inspectedfor and found to be free of bed bugs Landlord may not offer for rent adwelling unit the landlord knows orsuspects is infested with bed bugs
Maine Bed Bug Law Tenants must: Promptly notify a landlord when the tenantknows of or suspects an infestation of bedbugs in the tenant’s unit Grant landlord and pest control agentaccess to the unit Comply with reasonable measures toeliminate and control a bed bug infestationas set forth by the landlord and pest controlagent or risk being financially responsiblefor all pest control treatments of dwellingunit arising from the tenant’s failure tocomply
Maine Bed Bug Law Pest control agent Initial inspection of unit may include only avisual and manual inspection of tenant’sbedding and upholstered furniture Items other than bedding and upholsteredfurniture may be inspected when pestcontrol agent considers such inspection isreasonable Pest control agent may have additionalaccess to tenant’s personal belongings ifbed bugs are discovered in unit or adjoiningunit
New YorkIn late August 2010, New York Governor DavidPaterson signed bills requiring New York Cityschools to notify parents of bed buginfestations and New York City landlords toinform incoming tenants of the property'sbedbug infestation history for the previousyear regarding the premises rented by thetenant and the building in which the premisesare located. Soon after New York State Division of Housing& Community Renewal developed a Disclosureof Bed Bug Infestation History Form
Illinois Bed Bug Legislation In late July 2010 Illinois Governor PatQuinn signed legislation directing theDepartment of Public Health’sStructural Pest Control Advisory Councilto convene a subcommittee to develop areport to the General Assembly byDecember 31, 2011 withrecommendations on the prevention,management, and control of bed buginfestations
Ohio In October 2009 the Ohio Department ofAgriculture submitted an emergency/Section18 request to EPA seeking authorization topermit the use of propoxur products, classifiedas restricted use pesticides, limited to use forcontrol of bed bugs in residential single ormultiple unit dwellings, apartments, hotelsoffice buildings, modes of transportation, andcommercial industrial buildings in OhioRetreatment limited to every 14 daysEPA denied request in June 2010, althoughvarious other use patterns still being examinedIn January 2011 Ohio Bed Bug Workgroupsubmits final report & recommendations
Hawaii Adds Bed Bugs to StateReal Estate Disclosure FormIncluded in the November 2010 HawaiiAssociation of Realtor Seller’s RealProperty Disclosure Statement is aquestion about bed bugs. Has there been any sign of, or are youaware of any pest problems (e.g.,roaches, fleas, bedbugs, mites, ticks,ants, rats, etc.)?
Kansas & Florida Administrative Action Kansas rulemaking adopted in October 2007 requireslodging establishments to report the presence of bedbugs to the Department of Agriculture within onebusiness day upon discovery or receipt of a guestcomplaintAll infestations must be treated by a licensed pestcontrol operatorIn August 2009 Florida Department of Business &Professional Regulation’s Division of Hotels &Restaurants takes more aggressive approach toinspecting hotels for bed bug infestationsPreviously Division inspectors were expressly prohibitedfrom entering a room suspected to be infested for fearof spreading the pestsIf inspectors determine room is infested hotel will notbe allowed to rent the room until the problem has beenresolved & inspectors verify the room is free of bed bugs
Other Bed Bug Related Legislation Connecticut S 540 - Protects the public bydeveloping strategies to combat the spread ofbed bugs.New Hampshire H 75 - Establishes acommission to study bed bugs in NewHampshireNew Jersey S 283 - Require PCOs to providewarranty after extermination of bed bugs atresidential propertiesNew Jersey S 2483/A 3261- RequiresDepartment of Education to, in conjunctionwith NPMA and Dept of Health & SeniorServices, develop a fact sheet about bedbugs &post it on its website
Other Bed Bug Related Legislation New Jersey S 2543 – Requires alternative residentialfacilities such as hotels, nursing homes, homelessshelters and health care facilities to enter into bedbugeradication contracts with PMPs & develop anadministrative policy concerning the facility's responsein the event that bedbugs are detected on the premisesNew Jersey S 277 - Requires certain sanitationprocedures for mattresses and product labelingregarding such proceduresNew Jersey A 3705/S 2595 - Requires persons whotransport, store, or sell secondhand mattresses toencase mattresses with protective materialsNew York S 1286/A 1482 – Establish tax credit forpersonal property replacement as a result of bed buginfestation
Other Bed Bug Legislation New York A 11701 (2010) - Requires insurers whounderwrite property and casualty policies in the state tocover costs associated with bedbug infestationsOhio H.B. 201 (2009/2010) - Establishes Bed BugAwareness, Education, and Prevention ProgramOhio S.B. 45 (2009/2010) - Include bed bugs indefinition of “vermin”Pennsylvania SB 1493 (2010) - Relates to bedbugeradication; providing for duty to eradicate, fornotification, for administration and enforcement by localboards or departments of health, for inspections, forduties of the Department of Agriculture and forinformational brochures; and imposing a civil penaltySouth Carolina S 355 - Bedbug Prevention andSanitation Act
Congressional Interest/ActivityCongressional Bed Bug Forum –November 18, 2010 Federal legislation - 111th Congress Congress – H.R. 2248 – Don’t Let theBed Bugs Bite Act of 2009 H.R. 6383 – Bed Bug Prevention &Mitigation Pilot Program Act of 2010
Recommended StepsAuthorization of federal bed bugresearch funding program similar tothose established for Formosantermites, red imported fire ants andcountless agricultural pests Approve new/additional products intothe marketplace Protect consumers/More closelyscrutinize claims made about bed bugproducts/services
Maine Bed Bug Law Landlord must: Inspect the unit for bed bugs within five days of being notified by tenant of possibility of infestation Contact a "pest control agent" within 10 days of determining there is an infestation Take reasonable measures to effectively identify and treat bed bug infestation as determined by pest control agent
