Board debates draft changes to pesticide pre- and post-notification rules; counties urge preserving mandatory door‑hanger notice for tenants

Board members and county agricultural commissioners spent substantial time July 17 discussing proposed revisions to the board’s notification rules (draft changes to section 1970.4). The staff and stakeholders sought to modernize notice procedures by allowing electronic delivery in some situations; several county officials cautioned that electronic-only notice could fail to reach tenants and homeowners who rely on paper or door-hanger notices.

Santa Clara County Deputy Agricultural Commissioner Michelle Tom and other Bay Area county representatives told the board they were “alarmed” by language that would make pre- and post-notification permissive (use of the term “may”) or that would permit electronic notice without an enforceable requirement that individual tenants receive a notice. Tom stressed that tenants routinely contact county offices to report pesticide applications they did not expect and that door hangers or other physical notice often are the sole record that someone in a housing unit received notice. She recommended restoring mandatory language (replacing “may” with “shall”) and retaining physical door-hanger requirements for notifications directed to individual tenant units in multifamily housing.

Representatives of industry supported electronic options, noting some customers request paperless communication and that electronic delivery can provide an auditable record. Board members suggested possible compromise approaches: allowing electronic delivery for single-family homes or where property managers contract for service while requiring door-hanger notices for multifamily units and tenant-facing applications.

Staff said the draft language had been circulated recently and that the redline version from Los Angeles County added clarifying sentences about tenant notification. Board members asked staff to work with legal counsel and county stakeholders to refine the draft and return to a future meeting with alternatives that preserve tenant protections while accommodating electronic notification where appropriate. No regulatory text was adopted at the July hearing; staff will prepare revised language for additional review, including a 45-day public-comment period if and when the board approves a proposed regulatory package.