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Quigley Bed Bug Bill A2072 Clears Assembly Panel

nobugsonme — Wed, 10 Feb 2010 04:49:40 +0000

A2072, the New Jersey Assembly bed bug bill sponsored by sponsored by NJ Assembly Members Joan Quigley (Jersey City) and L. Grace Spencer (Newark) — a.k.a. The Quigley Bed Bug Bill — has now passed in the Assembly Housing and Local Government Committee.

An earlier bill passed in the New Jersey Assembly as A3203 during the last session, but unfortunately was not subsequently picked up by the NJ Senate.

The bill calls for landlords to pay the costs of tenants’ bed bug treatment; current New Jersey laws require landlords to treat for bed bugs, but allow them to pass on the costs to tenants. That may seem fair to some, but in fact, means tenants who can’t pay may simply not report bed bugs, which then continue to spread.

And that’s bad for landlords and tenants.

According to the Jersey City Independent, the new Quigley Bed Bug Bill A2072 (which you can read in full here and here)

. . . would make building owners responsible for maintaining dwellings that are free of bedbug infestations. Under the bill, if and when a bedbug outbreak is reported, landlords would be required to exterminate the pests at their own expense.

Under the bill, landlords who did not take action when bed bugs were reported would face fines, and local health boards would be empowered to conduct bed bug treatments and bill landlords who did not cooperate.

The measure would require the state Department of Health and Senior Services to create an pamphlet to educate renters about bedbugs and about renter’s responsibilities to notify their landlord if bedbugs are detected.

This educational component is an important component of the bill. The Introduction to the bill notes the pamphlet will contain,

A statement describing the legal rights and responsibilities imposed on tenants and owners of multiple dwellings by this act, including, but not limited to the owner’s duty to keep the premises free of the presence of bedbugs, a tenant’s duty to notify the owner of the presence of bedbugs, and the potential financial liability of a tenant for repeated eradications caused by either a failure to properly maintain the unit or for interfering with the owner’s access to the unit for inspection or eradication purposes.

[Emphasis added.]

Within ten days of a tenant notifying him or her of the presence of bed bugs, the landlord has to start eradicating them in that unit and also begin ascertaining whether bed bugs are present in other units and common areas. That’s important, since it means landlords can’t just deal with complaints piecemeal, but should be proactive (though it’s unclear how this would be enforced).

Tenants, in turn, have to allow landlords access with 48 hours notice to inspect or treat their units — and failure to comply may make them liable for treatment costs. If bed bugs are present in an apartment after a tenant moves out, the landlord may deduct from the security deposit.

As the Jersey City Independent reminds us, the bill is not passed yet:

The bill now goes to the Assembly Speaker, who decides if and when to post it for a floor vote. The City Council passed similar legislation in Jersey City in 2008; if the statewide bill passes, Quigley has said the city’s ordinance would become moot.

And that may be a good thing, because as noted here, the Jersey City bed bug ordinance only requires landlords to perform one bed bug treatment and one follow-up treatment per year — which is fewer than many bed bug infestations may require. Under that ordinance, tenants are responsible for additional treatments if needed.

It’s my strong suspicion that this does not in the end save money for landlords, because tenants needing additional treatments may not be able to pay for them, or may choose not to — allowing bed bugs to spread further in buildings, and ultimately costing the landlord more money.

I am somewhat concerned that this may also happen under A2072, since the bill states that

If repeated eradications are necessary due to the tenant’s failure to properly maintain the dwelling, the costs of eradication may be charged to the tenant. . .

Unlike the Jersey City ordinance, this bill does not spell out how many treatments should be provided by the landlord. Two bed bug treatments (the number Jersey City requires) is often too few.

This stipulation is also troubling since neighbors with infestations, or a particular PCO firm’s treatment protocols, may mean more treatments are required, and while tenant cooperation is essential, it is not always the tenant’s fault when his/her treatment takes a long time.

I am also wondering how the rule that landlords can have access to inspect or treat with 48 hours notice will play out: it’s really good that landlords will have provisions to deal with tenants who are uncooperative, since one uncooperative tenant who refuses treatment may be causing many tenants to live with bed bugs, as well as costing landlords more money.

However, pest management professionals often require lengthy preparation for bed bug treatment. It’s in landlords’ and tenants’ best interests if prep is done properly and so tenants do need time to prep once an inspection finds treatment is necessary.

Forty-eight hours is often not enough: think of a single-parent family with young children being told on a Monday night that they have treatment in two days, and yet also being told to wash every item of clothing in the home and (as some PCOs require) to bag everything else. And all this in two evenings when the parent worked all day.

I would hate to see this legislation lead in such cases to hardship for working people who have every intention of cooperating with treatment for pests they may have been entirely unaware were present. Similarly, assistance or more time may be needed for seniors and people with physical challenges which make prep difficult.

Despite those concerns, this bill seems like it improves the situation for landlords and tenants, and makes things harder on Mr. Cimex Lectularius. And it’s a lot better than the current situation in New Jersey, where tenants may be unlikely to report their bed bug infestations if they are not able to pay for treatment.Similar Posts:

Atlantic City public housing: 1/3 of 800 units in four buildings infested with bed bugs

nobugsonme — Wed, 19 Aug 2009 13:30:49 +0000

The Press of Atlantic City reports that there was a four month delay in treating bed bugs in four public housing buildings, even after bed bugs were detected in a third of the 800 units in Altman Terrace, Inlet Tower, Shore Park Hi-Rise and Charles P. Jeffries Tower, back in March.

Treatment did not begin until July.

And to think, we were shocked that Walt Whitman Houses residents in Brooklyn were made to wait a month for treatment by the NYCHA.

Four months seems like forever.

Emily Previti reports:

The bed bugs were quite bad, as far as the infestation levels, and nobody wants to wait a day, but it takes a few days just to get a dog out let alone take care of pest control. There’s just so much activity, [Michael Russell, vice president of marketing for Action Pest Control] said. “We were impressed by speed with which they moved. Amongst all other groups we’ve dealt with, the authority has been among the most pro-active.”

Shore Park resident Conchetta Caputo, 49, said building managers should have told residents upon confirming the presence of the pests and that eradication should have happened faster. In the interim, she suffered constant biting from bed bugs that she initially thought were mosquitoes that sneaked in the window in her living room, which lacks air conditioning.

[Jelani Garrett, acting director of the Atlantic City Housing Authority] attributed the delay to soliciting quotes from companies after Action conducted its initial sweep in late March and then finding the money to pay for the work.

(Emphasis mine.)

Why weren’t residents notified that their buildings were infested?

Garrett also admitted officials kept the information from residents to avoid sparking panic , but said the current round of extermination marks the beginning of regular checks and, if needed, treatments. The authority has not formally adopted a policy establishing that procedure, but doing so would be “a good idea,” Garrett said.

Action will be retreating in ten days, and subsequently if bed bugs are detected; they’ll also be bringing bed bug k9s in again in March for follow-up inspections.

See Bed bug eradication continues in Atlantic City public housing.

Related legislation:

NJ Senate Bill 2520 (introduced 2/2009) would require landlords of multi-unit buildings to eliminate bed bugs and to inspect buildings for bed bugs yearly (both at their expense). NJ Senate Bill 2774 (introduced 5/2009) would require PCOs to provide a 30-day warranty on bed bug service to residential premises, which would require retreatment free of charge if landlord or tenant finds evidence of continued bed bug infestation.Similar Posts:

New York Mayor Bloomberg signs Bed Bug Advisory Board legislation

nobugsonme — Fri, 20 Mar 2009 00:06:17 +0000

Excellent news!

This is the New York City Council’s press release containing Mayor Bloomberg’s remarks on Int. 57a, which he signed yesterday:

MAYOR BLOOMBERG SIGNS LEGISLATION TO ESTABLISH A BED BUG ADVISORY BOARD

Remarks by Mayor Bloomberg at a Public Hearing on Local Laws

“The third bill before me is Introductory Number 57-A, sponsored by Speaker Quinn and Council Members Brewer, Foster, Gentile, Gerson, Gonzalez, James, Mark-Viverito, Martinez, Mendez, Nelson, Palma, Sanders, Weprin, White, Koppell, Liu, Recchia, Sears, Vallone, Garodnick, Jackson, Avella, Arroyo, Dickens, Mealy, Lappin, Stewart, Rivera, and Gennaro. Introductory Number 57-A establishes a Bed Bug Advisory Board.

“Bed bugs are small insects that often hide in cracks in furniture, floors, or walls and are usually active at night. The physical impact to those living with bed bugs may start with painless bites which can later turn in to large, itchy welts. These bites are a great nuisance and can have a negative impact on the quality of life of New Yorkers.

“Bed bugs have resurfaced in New York City in recent years and we are not alone. Urban centers throughout the United States, Canada, and Europe are experiencing a resurgence in bed bugs. In response, we have instituted a multi-pronged approach to address the issue which includes: prevention through public education, creation of guidelines and protocols for residents, health care providers, businesses, and pest management professionals, and a systematic response to bed bug complaints.

“Despite all of our efforts, there is currently inadequate data to understand the full extent of the bed bug problem in the City. The creation of the Bed Bug Advisory Board, comprised of experts in the pest management, entomology, and public health fields and representatives from the Departments of Health and Mental Hygiene, Consumer Affairs, Sanitation, Information Technology and Telecommunications, and Housing Preservation and Development will examine the bed bug problem in further detail, systematically evaluate, study, identify and develop appropriate strategies to control and eradicate the bed bug problem in the City. The Advisory Board will report back their findings to the Mayor and the Speaker within nine months of their appointment.

“I would like to thank the commissioners and staff of the Departments of Health & Mental Hygiene, Consumer Affairs, Sanitation, Information, Technology & Telecommunications and Housing Preservation & Development for their work in this bill. I would also like to thank the Council for approving this legislation.”

Update (3/19):

Responses from the New York Times City Room blog’s Jennifer 8 Lee and Roy Edroso on the Village Voice’s Running Scared blog.

Update (3/20):

You can download and view a video of the signing here. It’s a long video, but the three or so minute bit which is relevant to Intro. 57a comes in at about 8:42 (so you can let it run and leave the room for a few minutes!)

It’s worth watching the video, because there is a lot there that is not contained in the text announcement on NYC.gov. A lot. For example:

Mayor Bloomberg tells people not to buy used mattresses (!), and also asks Gale Brewer why bed bugs came back (she answers “no more DDT;” Bloomberg quips, “Thanks, Rachel Carson!”) In fact, as we know, we can’t blame Rachel Carson for the resurgence of bed bugs: it is a complex issue and bringing back DDT would not necessarily be a help to bed bug sufferers, since bed bugs began to show resistance to DDT in the 1940s. (See this post for more.)

Council Member Gale Brewer thanks city agency officials from HPD (for the HPD bed bug seminars — she says “close to 1000 people” every single HPD bed bug seminar), DoIT (for making it possible to track 311 bed bug-related calls — this year she says there have been 22,000 bed bug information requests and 9,000+ requests for a bed bug inspection from HPD) and DCA.

Outside of city agencies, Brewer thanks wonderful bed bug advocate Renee Corea (of New York vs. Bed Bugs), entomologist Dr. Lou Sorkin, Pest Control Operator Jeff Eisenberg of Pest Away, Gary Carter and Ray Lopez from Little Sisters of the Assumption, Cornell (Cornell entomologist Dr. Jody Gangloff-Kaufmann testified at the hearing), and the Dept. of Health.

Mayor Bloomberg also points out that bed bugs are a problem everywhere and he has had friends who have had them. That is an important statement for the mayor to make.

Similar Posts:

Tuesday’s New York City Council hearing on three bed bug bills

nobugsonme — Wed, 25 Feb 2009 09:03:01 +0000

The press is starting to appear about the hearing yesterday.

Frank Lombardi in the Daily News said,

Prodded by rising complaints and pressure from some elected officials, activists and the media, the Bloomberg administration gave limited support Tuesday to launching a war on bedbugs.

Testifying at a City Council hearing, representatives of the health, housing and sanitation departments announced their support for Council legislation to establish a task force to study the city’s widening bedbug problem and recommend remedies.

Although it is true that some of the experts and departmental officials who testified rejected some or other of the bills or provisions (more on that in a later post), I am not sure how limited the support was. Among those who testified, support for the Bed Bug Task Force was unanimous, and I suspect this had a profound effect on the City Council Members.

Done properly, and quickly, and peopled with the right individuals, a bed bug task force can really make things happen.

City Room blog (NYTimes.com) quoted Gale Brewer, the City Council Member who has so long been trying to pass legislation on this issue that her City Hall peers call her “The Bed Bug Lady:”

Ms. Brewer is optimistic about the formation of a task force, though there is considerable debate over the specifics, such as the mattress legislation.

“I was glad that all the questions are all out there,” she said in an interview during the hearings. It is a multifaceted problem involving the city’s health department, public housing agencies, the Police Department (since prisons are infested), the Sanitation Department (since it involves disposal of furniture), and Department of Consumer Affairs. “You have to do it as a collaborative effort,” she said.

AMNY covered the event too, and gave a taste of what people with bed bugs go through:

Those who have lived with the pests say it often takes multiple exterminations – and sometimes thousands of dollars – to get rid of them.

“I threw away everything,” said Sirajul Laskar, 42, of Jackson Heights, who added that 22 of the 52 apartments in his building have had bed bugs. “They sprayed three times and still bedbugs.”

Overall, I had a positive impression of the event. The City Council members took the testimony very seriously, and do seem to grasp the importance of the bed bug problem — especially the wonderful Council Member Robert Jackson, who himself lived with bed bugs as a child, and who mentioned having seen bed bugs recently, in New York city, in public places.

It’s nice to have someone on the City Council with this sort of first hand experience and awareness of the problem, though of course we don’t wish bed bugs on anyone.

I also want to say how grateful I am to everyone who testified, especially Renee Corea who represented New York vs. Bed Bugs, and a second of my fellow New York vs. Bed Bugs co-founders who represented herself in testimony, entomologists Lou Sorkin and Jody Gangloff-Kauffmann (both also Advisors to New York vs. Bed Bugs), Rick Cooper and Gil Bloom, and the many citizens who had battled bed bugs themselves and testified about their experiences. The witnesses did a wonderful job of conveying the problems of bed bugs, which are complex indeed.

I am also grateful to everyone who showed up to support the speakers and the cause.

I will be posting more of my impressions and notes later today…

Similar Posts:

On getting better pesticides for killing bed bugs (no, DDT is not one of them)

nobugsonme — Wed, 07 Jan 2009 04:51:15 +0000

I was poking around some historical items, for reasons which will soon become revealed to you, dear readers, when I found an interesting document from the Commission for Environmental Cooperation which outlines the history of DDT in Canada, the US (the three countries represented on the CEC) until 1997. Click here to load a PDF of History of DDT in North America to 1997, from the CEC.

Please understand: we don’t think DDT is a solution for bed bugs now. Sure — despite being ecologically-minded and kind of nervous around pesticides in general — like many of you, my first reaction to bed bugs was “Bring back DDT!” However, learning more made me realize this was not practical, and not even an effective solution anymore. I don’t want to entertain a discussion of this.

The fact is, bed bugs started showing resistance to DDT as early as 1948 in Hawaii, and reports from the 1950s and 1960s, as well more recently, tell us that bed bugs were not killed when spraying with DDT was done for malarial mosquitos. (This BBC article from 2001 claims that DDT spraying for malarial mosquitos in South Africa made bed bugs more active. Shudder.)

If you don’t believe bed bugs are resistant to DDT, Renee has previously laid out all the evidence for you at New York vs. Bed Bugs, in this post, and I encourage you to check it out.

However, I do think this CEC history of DDT is relevant to us today, in terms of thinking about the laws around pesticides.

In 1969, the US Department of Agriculture (USDA) cancelled the registration of certain uses of DDT (on shade trees, on tobacco, in the home, and in aquatic environments) after studying the persistence of DDT residues in the environment. Applications on crops, commercial plants, wood products, and for building purposes were cancelled by the USDA in 1970. Under the authority of the EPA, the registrations of the remaining DDT products and DDT-metabolites were cancelled on 4 January 1973, with the following exemptions: public health use for control of vector-borne diseases, USDA or military use for health quarantine, and use in prescription drugs for controlling body lice. All of these remaining uses were voluntarily cancelled (due to failure to pay maintenance fees) by October 1989.

Emphasis mine.

I had not realized that even after being outlawed in the US for home and agricultural use in 1970, and after being prohibited for most other uses in 1973, you could still legally get DDT until 1989 for some purposes including treating pests which caused vector-borne diseases (a category which does not include bed bugs) and for body lice.

This is relevant because, while DDT does not appear to be one of them, there are classes of chemicals which are currently outlawed in certain areas which are effective against bed bugs. It is worth remembering that agencies can make exceptions to allow some of those substances to be labeled for bed bug use and allowed in controlled situations. Winston gives us a glimpse of one product not available for this use in the US, Ficam, here:

… as mentioned in my first piece, misguided legislation have forced many products out of the market. Some due to legitimate concerns, some due to a lack of true scientific evaluation and feel-good politics, and some because they simply could not afford to maintain registration due to increased requirements. A prime example of this is Ficam, a material which is used elsewhere with a degree of success, but here in the US is no more. The same in fact would have been true of Drione, one of the remaining effective dusts. Prior to the bed bug outbreak this product was due to go by the wayside simply because of economics, and now it is probably one of the good long-term materials when used properly in wall voids, outlet covers and cracks and crevices.

As Winston has reminded us elsewhere, even pyrethrins are outlawed for use in city-owned buildings by Local Law 37. Despite pyrethroid-resistance, pyrethrins can be an important part of a bed bug treatment plan. This law is misguided and means residents of public housing, homes, kids in public school classrooms and people in city-run institutions may have less effective bed bug treatment.

And while some might think LL 37 is protecting New York citizens’ health, you have to ask yourself: if the pesticides prohibited in publicly-owned buildings, then they’d be outlawed in private schools and apartment buildings too, not just in the city-owned buildings.

In New York, it’s one reason we need to encourage the city to take action. Some legislative changes can help in the fight against bed bugs.

As Michael Potter said last summer at the PCT Bed Bug Seminar,

“If there is a classic example of why you don’t eliminate entire classes of pesticides,” Potter said, “bed bugs are it. We’re in a heap of trouble in terms of the products we have available to fight this pest,” citing several classes of chemistry that are no longer available (e.g., organophosphates, carbamates, etc.) and the growing threat of pyrethroid resistance. As a result, he said, “I don’t see how this problem is going to get better. I think it’s going to get chaotic. This is the most challenging pest I’ve encountered in my career. We’re in big trouble.”

We are in big trouble.

I don’t even know how to begin to help lobby for better pesticides. I assume pest control operators, entomologists, and their professional organizations are doing so. Maybe they can tell us if there’s something we bed bug activists can do to help. It seems so essential that we get all the help we can get in fighting bed bugs.

Finally, because someone always asks: I am not pesticide-happy. I am, in fact, more enthusiastic about non-chemical solutions to bed bugs. Not only because they do develop resistance to pesticides, but also because I seek safe, ecologically-friendly, easy solutions to bed bug problems.

Steaming, thermal treatments, and other solutions are labor-intensive. Steam requires dedicated, persistent, repetead work (and in most cases, probably requires the backup use of targeted use of dusts or sprays).

Thermal treatments require an experienced operator and expensive equipment. For those who can afford it, and who have access to knowledgeable providers, this can be a good option. We can only hope that effective non-chemical options will become more widely available and less costly.

When we’re talking about the extensive spread of bed bugs, though, we have to be realistic about the types of treatment likely to be implemented. Making sure the most effective pesticides (or at least, a variety of pesticides, to help offset resistance to individual chemicals) is probably better for both people living with bed bugs, as well as the environment. Because getting rid of the problem more quickly means less pesticides will be needed.

Once the bed bug epidemic is under control, and we’re back where we were in the 1970s, with isolated outbreaks, then we might be able to deal with the problem in other ways. We’re a long way from that situation. And we will probably never get there again if pest control operators are not able to use whatever tools they can safely use in order to eliminate them.Similar Posts:

Bed bug Intro. 873 on WNYC today

nobugsonme — Mon, 05 Jan 2009 02:07:02 +0000

Click here to listen to this brief news item on New York City Council’s Intro. 873 from WNYC news, New York.

The tone of the item is dominated by the Health Department’s reminder that bed bugs are only “a stressful and unpleasant nuisance,” and that the health department already has a page on its website about bed bugs, and that “the Department of Housing, Preservation and Development takes complaints, performs inspections and issues violation summonses when appropriate.”

Yes, and the city’s response to bed bugs so far has been so effective that bed bugs are (somehow, still) spreading at an alarming rate. I judge this only by the reports to HPD, since we don’t have a more complete set of data.

Some cities, like Cincinnati (well, okay — only Cincinnati), actually attempt to find out what percentage of their inhabitants have (or have had) bed bugs. The answer — in Cincinnati? 14.5%.

I would not be surprised if a similar percentage of New Yorkers had been afflicted with bed bugs.

But the way things are going, we will never know, because we are completely in denial about it and no one is asking the question and therefore we don’t have to deal with the answer.

As a general rule, I don’t wish bed bugs on anyone. Not even my worst enemy.

But I do wish a knowledge of what it is like to have bed bugs on those who feel they are merely “a stressful and unpleasant nuisance.” Lice are a stressful and unpleasant nuisance. Detected and treated, they usually do not trouble a person for more than a few days.

We regularly hear from people in New York, Cincinnati, London, Boston, Vancouver, and all points in-between who are getting bed bug treatment and yet are troubled by bed bugs for weeks and even months on end.

They lose a lot of sleep.
They suffer a lot of stress.
They use money — often thousands of dollars which should go to health insurance, or medications, or buying vegetables for their kids — to pay for treatment, endless rounds of laundry, plastic bags, and more treatment.
They get their belongings gassed with sulfuryl flouride.
They sometimes have to move.
They go to job interviews with red welts all over their faces and remain unemployed.
They stop having friends and family over, for fear others will become infested.
Those in multi-unit buildings who cannot afford to move may never get rid of the problem.

Think this causes very real psychological and physical health problems? You bet.
It is a lot worse than a nuisance.
The health effects of bed bugs are often a lot more serious than a bit of stress.

In this economy, in this expensive city, the Health Department is being a bit short-sighted not to see the potential of any problem that causes ongoing stress and saps one’s financial resources as a genuine health concern.

More on New Jersey General Assembly bed bug legislation: A-3203

nobugsonme — Wed, 17 Sep 2008 04:15:59 +0000

New Jersey Assembly members Joan M. Quigley, L. Grace Spencer, and L. Harvey Smith introduced legislation (A-3203) on Monday which would make New Jersey landlords wholly responsible for eliminating bed bugs from rented accommodation.

The bill has been referred to the Assembly Health and Senior Services Committee for a hearing.

Here’s a video of Joan M. Quigley, Major Conference Leader, New Jersey General Assembly (D-Hudson) talking about the proposed legislation.

We first heard about this proposal back in July.

Although landlords in New Jersey are currently charged with treating for bed bugs, the law does not prohibit them passing on the costs to tenants, which many do. This system is a bad idea: if tenants know they will have to pay for treatment, they are less likely to report bed bugs to the landlord. This helps the problem spread to others.

And the legislation has teeth:

(6.) Any owner of a multiple dwelling whose negligence or failure to act results in action by the local health officer … shall be liable for a civil penalty of not more than $300 for each affected dwelling unit and not more than $1000 for each affected common area in the multiple dwelling. Such penalty shall be recoverable by and in the name of the local board of health.

And the proposed legislation also calls for a modest educational campaign.

According to PolitickerNJ:

The measure also would require the state Department of Health and Senior Services to create and distribute an informational pamphlet to educate the public about bedbugs.

“Making sure that renters are able to live pest free is only one part of the equation,” said Smith (D-Hudson). “We also must work to educate the public about bedbugs to prevent future infestations from reaching epidemic proportions.”

Last week we heard city council members in Jersey City are pushing to make landlords pay for one bed bug treatment and one follow-up per year; however, this is a bad idea, since bed bugs often take multiple treatments. Such a system is bound to help the spread of the problem.

And to head off the usual “you’re anti-landlord!” sentiment: you’re barking up the wrong tree. I think landlords and other homeowners need to demand assistance from the government to help them pay for bed bug treatment. Bed bugs are not termites, ants, or cockroaches.

No one who bought a home or building ten years ago had even heard of them. They’re more like a tornado, hurricane, or other natural disaster touching down (lightly, but repeatedly and destructively). And they’re contagious, in that you can catch them on a bus, or from a friend. You don’t have to do anything negligent to get them.

So no, I am not anti-landlord. But I know what tenants who can’t afford treatment will do if they are left with the choice of paying for treatment or putting up with bed bugs / trying to self-treat / moving away from the problem. And none of those alternative actions help landlords or fellow tenants.

You can read the proposed legislation here, or download a PDF here.
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Bed Bug Awareness bill in Ohio House of Representatives

nobugsonme — Sun, 15 Jun 2008 05:24:16 +0000

Ohio’s House introduced the following on Thursday June 12th, according to Fox 28 News:

HB 590 BED BUG AWARENESS — To establish the Bed Bug Awareness, Education, and Prevention Program and to make an appropriation.

According to the state legislature’s website, these are the details of the Bill, sponsored by Representative Dale Mallory:

A BILL

To enact sections 3701.136, 3701.137, 3701.138, and 3701.139 of the Revised Code to establish the Bed Bug Awareness, Education, and Prevention Program and to make an appropriation.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 3701.136, 3701.137, 3701.138, and 3701.139 of the Revised Code be enacted to read as follows:

Sec. 3701.136. As used in sections 3701.136 to 3701.139 of the Revised Code:

(A) “Hotel” means every establishment kept, used, maintained, advertised, or held out to the public as a place where sleeping accommodations are offered to guests, in which five or more rooms are used for the accommodation of such guests, whether the rooms are in one or several structures.

(B) “Residential dwelling” means a building used or intended to be used as a personal residence by the owner, part owner, or lessee of the building, or any person authorized by such a person to use the building as a personal residence.

Sec. 3701.137. The bed bug awareness, education, and prevention program is hereby established in the department of health with the assistance of and in consultation with the research office of the division of travel and tourism of the department of development.

Sec. 3701.138. (A) The department of health shall make available on its web site information on the increasing incidences of bed bug (cimex lectularius) infestation and post notices that bed bugs are a public nuisance dangerous to public health. The director of health shall do all of the following:

(1) Educate hotel owners, residential dwellers, and citizens of this state on the difference between bed bugs and similar types of vermin so they can be easily recognized and treated accordingly.

(2) Encourage hotel owners and residential dwellers to closely monitor floors, carpets, and bed linen and mattresses for signs of infestation to facilitate effective, timely treatment to prevent the spread and incidence of infestation.

(3) Assist in and promote the development of safe and effective treatment methods or options to eradicate bed bug infestation in hotels and residential dwellings.

(B) The department of health shall adopt rules as necessary to implement this section. The rules shall be adopted in accordance with Chapter 119. of the Revised Code.

Sec. 3701.139. The department of health shall make available to the public a toll-free telephone number for any person seeking to report an incidence of bed bug infestation or to request information. The department may make the toll-free number available by maintaining a toll-free telephone line specifically for accepting calls regarding bed bugs or by using a toll-free telephone line that the department maintains for accepting calls regarding other matters.

Section 2. All items in this section are hereby appropriated as designated out of any moneys in the state treasury to the credit of the General Revenue Fund Group. For all appropriations made in this act, those in the first column are for fiscal year 2008 and those in the second column are for fiscal year 2009. The appropriations made in this act are in addition to any other appropriations made for the FY 2008-2009 biennium.

[Details of the appropriations are included, which --if I am reading it correctly -- appear to constutute $335,000 in fiscal year 2009.]

The bill continues,

Within the limits set forth in this act, the Director of Budget and Management shall establish accounts indicating the source and amount of funds for each appropriation made in this act, and shall determine the form and manner in which appropriation accounts shall be maintained. Expenditures from appropriations contained in this act shall be accounted for as though made in Am. Sub. H.B. 119 of the 127th General Assembly.

The appropriations made in this act are subject to all provisions of Am. Sub. H.B. 119 of the 127th General Assembly that are generally applicable to such appropriations.

Section 3. The sections of law contained in this act, and the items of which they are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the sections of law contained in this act, and the items of which they are composed, go into immediate effect when this act becomes law.

The key points here appear to be: requiring the Department of Health to educate the public about bed bugs, and the provision of a hotline where residents can call to report an incidence of bed bugs or call for information about bed bugs.

The requirement that the DoH:

Assist in and promote the development of safe and effective treatment methods or options to eradicate bed bug infestation in hotels and residential dwellings.

… seems a bit nebulous as written, but like the rest of the bill, only seems like it can help.

Ohio residents should write to their State Representatives and voice your support for this bill. You can look up your representatives here, then follow the links to email them or look up phone numbers or snail mail addresses. It is worth taking 5 minutes to send an email and help your state get better legislation to support those dealing with bed bugs now and in the future.Similar Posts:

25 Grant Street in Denver, Colorado: bed bugs for two years

nobugsonme — Tue, 10 Jun 2008 18:43:26 +0000

This MyFox Colorado article claims that this beleaguered building in Denver at 25 Grant Street has had ongoing bed bug problems for two years.

Denver’s Environmental Health Department says they have had complaints about bugs there for more than two years.

The property is owned by Shockor Management and is telling tenants they will spray once again this week. But the bugs don’t seem to be going away.

That has prompted many to move out, leaving many of their couches and bedding in the garbage.

Former tenant Jackie Howe moved in two months ago not knowing there was an ongoing bed bug problem. She’s now had to flee.

Renting units in bed bug infested buildings without notifying prospective tenants should be illegal.

The City says they know about the history of complaints and says that every time the owners are citied (sic), they comply and spray as they will again this week.

What is unanswered is why the spraying isn’t killing the bed bugs.

It isn’t clear what kind of bed bug treatment follows these citations, however, if treatments are not aggressive enough (approximately every two weeks, in every unit with bed bugs, until every last bed bug is gone) it would begin to explain why bed bug problems persist.

Tenants discarding possessions as they flee the building, some of which are surely being reclaimed by other tenants, are probably another contributing factor.

While pesticide resistance may be a factor, these other two considerations are even more obvious problems, and should not be discounted.

I hope Denver’s Environmental Health Department will work on more comprehensive solutions to fighting bed bugs in Denver (which we know are not just a problem in this one building). They should consider what actions are required by landlords and tenants once infestations are detected, ways of collecting bed bug-infested refuse to keep it from infesting other homes, and a public education campaign to help educate all of Denver on how to recognize, avoid, and fight bed bugs (once detected).

The same types of considerations should be undertaken by cities and counties and other authorities elsewhere.

Ordering landlords to treat once bed bugs are detected is too vague and simply not enough to get rid of bed bugs permanently.
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New bed bug legislation: House Bill 565 from Ohio on bed bug treatment

nobugsonme — Sat, 24 May 2008 08:12:02 +0000

Ohio Representative Tyrone K. Yates has introduced House Bill 565 in the Ohio House of Representatives, and its aim is to improve policies regarding bed bug treatment in public places in Ohio.

SPONSOR: Yates (D)
TITLE: Vermin Control Policies
LOCATION: House Health Committee
SUMMARY:
Requires boards of health to adopt vermin control policies under which bedbug infestations are treated to the same extent as other infestations.

This is the bill, as introduced last Monday:

A BILL

To enact section 3707.012 of the Revised Code to require boards of health to adopt vermin control policies under which bedbug infestations are treated to the same extent as other infestations.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3707.012 of the Revised Code be enacted to read as follows:

Sec. 3707.012. As used in this section, “board of health” means the board of health of a city or general health district or the city authority having the duties of a board of health under section 3709.05 of the Revised Code.

Each board of health shall adopt policies for the prevention, detection, and eradication of vermin in public places, including residential facilities other than private dwellings. Under each such policy, bedbug infestations shall be treated to the same extent as other vermin infestations.

This is the current status of the bill:

STATUS:
05/19/2008 INTRODUCED.
05/19/2008 To HOUSE Committee on RULES AND REFERENCE.
05/21/2008 From HOUSE Committee on RULES AND REFERENCE: Recommended referral.
05/21/2008 To HOUSE Committee on HEALTH.

This reminds me of when Cincinnati municipal codes needed to be revised in order to class bed bugs as “vermin.”

Treating bed bugs “to the same extent as other vermin infestations” seems to mean that one has to treat them until they are gone. Local, state, and national laws may need to be changed in order to help us fight bed bugs, a pest we haven’t really needed to deal with to this extent since before the 1950s.

Key here: boards of health are responsible for policies regarding the eradication of vermin in public places in Ohio. We often hear it claimed that bed bugs are not a health issue. Despite not being known to spread disease at this time, bed bugs are undoubtedly a health issue. They certainly should not be tolerated in private homes or public spaces.

Thanks go to Rep. Yates for sponsoring this Bill!

Ohio residents, write to your representative and support it! Here’s how to send a letter. Or find your representative by clicking here and email him or her.

Not only will you be letting them know you support H. B. 565, but you will also be letting them know you support bills which help fight bed bugs. This is unlikely to be the last piece of bed bug-related legislation you will ask them to support.Similar Posts: