SB 732 California Toxic Mold Protection Act of 2001

May 21, 2008

Anyone have the history on what happened to this?

BILL NUMBER: SB 732 CHAPTERED

BILL TEXT

CHAPTER 584

FILED WITH SECRETARY OF STATE OCTOBER 7, 2001

APPROVED BY GOVERNOR OCTOBER 5, 2001

PASSED THE SENATE SEPTEMBER 13, 2001

PASSED THE ASSEMBLY SEPTEMBER 12, 2001

AMENDED IN ASSEMBLY SEPTEMBER 6, 2001

AMENDED IN ASSEMBLY JULY 18, 2001

AMENDED IN ASSEMBLY JULY 5, 2001

AMENDED IN SENATE MAY 7, 2001

AMENDED IN SENATE APRIL 16, 2001

AMENDED IN SENATE MARCH 29, 2001

INTRODUCED BY Senator Ortiz

(Coauthors: Assembly Members Cohn, Lowenthal, Pavley, and

Salinas)

FEBRUARY 23, 2001

An act to amend Section 1102.6 of the Civil Code, and to add

Chapter 18 (commencing with Section 26100) to Division 20 of, the

Health and Safety Code, relating to toxic mold.

LEGISLATIVE COUNSEL'S DIGEST

SB 732, Ortiz. Toxic mold.

Existing law provides the State Department of Health Services with

various powers to enforce its regulations, to promulgate regulations

to protect the public health, and to enjoin and abate nuisances

dangerous to public health. The department is vested with the power

to perform studies, evaluate existing projects, disseminate

information, and provide training programs to enforce regulations

related to public health.

This bill would enact the Toxic Mold Protection Act of 2001. The

bill would require the department to convene a task force comprised

of various individuals including, but not limited to, health

officers, health and medical experts, mold abatement experts,

representatives of government-sponsored enterprises, representatives

from school districts or county offices of education, representatives

of employees and representatives of employers, and affected

consumers and affected industries including, residential, commercial,

and industrial tenants, proprietors, managers or landlords,

insurers, and builders, to advise the department on the development

of permissible exposure limits to mold, standards for assessment of

molds in indoor environments as well as alternative standards for

hospitals, child care facilities, and nursing homes, standards for

identification, and remediation of mold.

This bill would require the department to consider the feasibility

of adopting permissible exposure limits to molds in indoor

environments. If it is determined to be feasible, the department

would be required to adopt, in consultation with the task force,

permissible exposure limits to mold for indoor environments that

avoid adverse health effects. The department would be required to

report its progress on developing the permissible exposure limits for

molds by July 1, 2003.

This bill would require that, in the process of adopting the

permissible exposure limits, the department would be required to

conduct studies, consider specific delineated criteria, and consult

with the task force to arrive at both permissible exposure limits to

mold to avoid adverse effects on health on the general public and

alternative permissible exposure limits to avoid adverse health

effects for hospitals, child care facilities, and nursing homes,

whose primary business is to serve members of a subgroup that is a

meaningful portion of the general population. This bill would also

require the department, in consultation with the task force, to

develop and adopt guidelines for the identification and the

remediation of toxic molds.

This bill would require that, after the adoption of permissible

exposure limits to molds, the department review and revise the

exposure limits at least once every 5 years and consider any new

technological or treatment techniques or new scientific evidence that

indicates that molds may present a different health risk than was

previously determined.

This bill would also require the department to develop and adopt

standards for the assessment of the health threat posed by the

presence of molds, both visible and invisible or hidden, in indoor

environments. The department would be required to consider specific

delineated criteria in developing the assessment standard including

the balancing of the protection of public health with technological

and economic feasibility. The department would also be authorized to

adopt alternative assessment standards for hospitals, child care

facilities, and nursing homes. The department would be required to

report its progress on developing the assessment standards for molds

by July 1, 2003.

After the adoption of mold assessment standards, the department

would review and revise the exposure limits at least once every 5

years and consider any new technological or treatment techniques or

new scientific evidence that indicates that molds may present a

different health risk than was previously determined.

The bill would provide for specific protocol to allow the public

to be involved in the process to determine permissible exposure

limits to mold, guidelines for identification and remediation of

mold, and the guidelines for the assessment of molds.

This bill would require the department to develop public education

materials and resources to inform the public about the health

effects of molds, methods of prevention, methods of identification

and remediation of mold growth, and contact information to

organizations or governmental entities to assist public concerns.

This bill would, except under specified circumstances, also

require that any person who sells, transfers, or rents residential,

commercial, or industrial real property or a public entity that owns,

leases, or operates a building who knows, or in specified instances

has reasonable cause to believe, that mold is present that affects

the unit or building, and the mold exceeds the permissible exposure

limits to molds, would be required to provide a written disclosure to

potential buyers, prospective tenants, renters, landlords, or

occupants of the mold conditions. However, this bill would not

require a landlord, owner, seller, or transferor to conduct air or

surface tests to determine whether the presence of molds exceeds the

permissible exposure limits or for mold remediation.

These disclosure duties and requirements would not apply until the

January 1 or July 1 that occurs at least 6 months after the

department adopts the requisite standards, and guidelines, as

provided in the bill.

This bill would authorize the enforcement of all conditions of

this bill, including the disclosure provisions, by designated

enforcement officers.

The implementation of this bill would depend on the extent to

which the department determines funds are available for its

implementation.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 1102.6 of the Civil Code is amended to read:

1102.6. The disclosures required by this article pertaining to

the property proposed to be transferred are set forth in, and shall

be made on a copy of, the following disclosure form:

SEC. 2. Chapter 18 (commencing with Section 26100) is added to

Division 20 of the Health and Safety Code, to read:

CHAPTER 18. TOXIC MOLD

Article 1. General Provisions

26100. This chapter shall be known, and may be cited, as the

Toxic Mold Protection Act of 2001.

26101. For purposes of this chapter, the following definitions

apply:

(a) " Affect " means to cause a condition by the presence of mold in

the dwelling unit, building, appurtenant structure, common wall,

heating system, or ventilating and air-conditioning system that

affects the indoor air quality of a dwelling unit or building.

( " Authoritative bodies " means any recognized national or

international entities with expertise on public health, mold

identification and remediation, or environmental health, including,

but not limited to, other states, the United States Environmental

Protection Agency, the World Health Organization, the American

Conference of Governmental Industrial Hygienists, the New York City

Department of Health, the Centers for Disease Control and Prevention,

and the American Industrial Hygiene Association.

the education, experience, and examination requirements of an

industrial hygiene certification organization as defined in Section

20700 of the Business and Professions Code.

(d) " Code enforcement officer " means a local official responsible

for enforcing housing codes and maintaining public safety in

buildings using an interdepartmental approach at the local government

level.

(e) " Department " means the State Department of Health Services,

designated as the lead agency in the adoption of permissible exposure

limits to mold in indoor environments, mold identification and

remediation efforts, and the development of guidelines for the

determination of what constitutes mold infestation.

(f) " Indoor environments " means the affected dwelling unit or

affected commercial or industrial building.

(g) " Mold " means any form of multicellular fungi that live on

plant or animal matter and in indoor environments. Types of mold

include, but are not limited to, Cladosporium, Penicillium,

Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor, and

Stachybotrys chartarum, often found in water-damaged building

materials.

(h) " Person " means an individual, corporation, company,

association, partnership, limited liability company, municipality,

public utility, or other public body or institution.

(i) " Public health officer " means a local health officer appointed

pursuant to Section 101000 or a local comprehensive health agency

designated by the board of supervisors pursuant to Section 101275 to

carry out the drinking water program.

26101.5. All standards that the department develops pursuant to

this chapter shall be in accordance with existing administrative law

procedures applicable to the development of regulations.

26101.7. The department shall convene a task force which shall

advise the department on the development of standards pursuant to

Sections 26103, 26105, 26106, 26120, and 26130. The task force shall

be comprised of representatives of public health officers,

environmental health officers, code enforcement officers, experts on

the health effects of molds, medical experts, certified industrial

hygienists, mold abatement experts, representatives of

government-sponsored enterprises, representatives from school

districts or county offices of education, representatives of

employees and representatives of employers, and affected consumers,

which include, but are not limited to, residential, commercial and

industrial tenants, homeowners, environmental groups, and attorneys,

and affected industries, which include, but are not limited to,

residential, commercial and industrial building proprietors, managers

or landlords, builders, realtors, suppliers of building materials

and suppliers of furnishings, and insurers. Task force members shall

serve on a voluntary basis and shall be responsible for any costs

associated with their participation in the task force. The

department shall not be responsible for travel costs incurred by task

force members or otherwise compensating task force members for costs

associated with their participation in the task force.

26102. The department shall consider the feasibility of adopting

permissible exposure limits to mold in indoor environments.

26103. (a) If the department finds that adopting permissible

exposure limits to mold in indoor environments is feasible, the

department, in consultation with the task force convened pursuant to

Section 26101.7, shall:

(1) Adopt permissible exposure limits to mold for indoor

environments that avoid adverse effects on health, with an adequate

margin of safety, and avoid any significant risk to public health.

(2) Notwithstanding paragraph (1), balance the protection of

public health with technological and economic feasibility when it

adopts permissible exposure limits.

(3) Utilize and include the latest scientific data or existing

standards adopted by authoritative bodies.

(4) Develop permissible exposure limits that target the general

population.

( The department shall consider all of the following criteria

when it adopts permissible exposure limits for molds in indoor

environments:

(1) The adverse health effects of exposure to molds on the general

population, including specific effects on members of subgroups that

comprise a meaningful portion of the general population, which may

include infants, children age 6 years and under, pregnant women, the

elderly, asthmatics, allergic individuals, immune compromised

individuals, or other subgroups that are identifiable as being at

greater risk of adverse health effects than the general population

when exposed to molds.

(2) The standards for molds, if any, adopted by authoritative

bodies.

(3) The technological and economic feasibility of compliance with

the proposed permissible exposure limit for molds. For the purposes

of determining economic feasibility pursuant to this paragraph, the

department shall consider the costs of compliance to tenants,

landlords, homeowners, and other affected parties.

(4) Toxicological studies and any scientific evidence as it

relates to mold.

limits applicable for facilities, which may include hospitals, child

care facilities, and nursing homes, whose primary business is to

serve members of subgroups that comprise a meaningful portion of the

general population and are at greater risk of adverse health effects

from molds than the general population. These subgroups may include

infants, children age 6 years and under, pregnant women, the elderly,

asthmatics, allergic individuals, or immune compromised individuals.

(d) The department shall report to the Legislature on its progress

in developing the permissible exposure limit for molds by July 1,

2003.

26104. (a) (1) The department shall, at the time it commences

preparation of the permissible exposure limits to mold, provide

notice electronically by posting on its Internet Web site a notice

that informs interested persons that the department has initiated

work on the permissible exposure limits to mold.

(2) The notice shall also include a brief description or a

bibliography of the technical documents or other information the

department has identified to date as relevant to the preparation of

the permissible exposure limits.

(3) The notice shall inform persons who wish to submit information

concerning exposure to molds of the name and address of the person

in the department to whom the information may be sent, the date by

which the information must be received in order for the department to

consider it in the preparation of the permissible exposure limits,

and that all information submitted will be made available to any

member of the public who makes the request.

( The department may amend the permissible exposure limits to

molds to make the limits less stringent if the department shows clear

and convincing evidence that the permissible exposure limits to

molds should be made less stringent and the amendment is made

consistent with Section 26103.

any information prepared by, or on behalf of the United States

Environmental Protection Agency or other authoritative bodies, for

the purpose of adopting national permissible exposure limits to

molds.

(d) At least once every five years, after adoption of permissible

exposure limits to molds, the department shall review the adopted

limits and shall, consistent with the criteria set forth in

subdivisions (a) and ( of Section 26103, amend the permissible

exposure limits if any of the following occur:

(1) Changes in technology or treatment techniques that permit a

materially greater protection of public health.

(2) New scientific evidence that indicates that molds may present

a materially different risk to public health than was previously

determined.

26105. (a) The department, in consultation with the task force

convened pursuant to Section 26101.7, shall adopt practical standards

to assess the health threat posed by the presence of mold, both

visible and invisible or hidden, in an indoor environment.

( The department shall adopt assessment standards for molds that

do the following:

(1) Protect the public's health.

(2) Notwithstanding paragraph (1), balance the protection of

public health with technological and economic feasibility when it

adopts assessment standards.

(3) Utilize and include the latest scientific data or existing

standards for the assessment of molds adopted by authoritative

bodies.

(4) Develop standards that target the general population.

(5) The department shall ensure that air or surface testing is not

required to determine whether the presence of mold constitutes a

health threat posed by the presence of mold, both visible and

invisible or hidden, in an indoor environment.

when it adopts standards for the assessment of molds in indoor

environments:

(1) The adverse health effects of exposure to molds on the general

population, including specific effects on members of subgroups that

comprise a meaningful portion of the general population, which may

include infants, children age 6 years and under, pregnant women, the

elderly, asthmatics, allergic individuals, immune compromised

individuals, or other subgroups that are identifiable as being at

greater risk of adverse health effects than the general population

when exposed to molds.

(2) The standards for assessment of molds, if any, adopted by

authoritative bodies.

(3) The technological and economic feasibility of compliance with

the proposed permissible exposure limit for molds. For the purposes

of determining economic feasibility pursuant to this paragraph, the

department shall consider the costs of compliance to tenants,

landlords, homeowners, and other affected parties.

(4) Any toxicological studies or additional scientific evidence.

(d) The department shall report to the Legislature on its progress

in developing the assessment standards for molds by July 1, 2003.

26106. The department may develop alternative assessment

standards applicable for facilities, which may include hospitals,

child care facilities, and nursing homes, whose primary business is

to serve members of subgroups that comprise a meaningful portion of

the general population and are at greater risk of adverse health

effects to molds than the general population. These subgroups may

include infants, children age 6 years and under, pregnant women, the

elderly, asthmatics, allergic individuals, or immune compromised

individuals.

26107. (a) (1) The department shall, at the time it commences

preparation of standards for the assessment of molds, provide notice

electronically by posting on its Internet Web site a notice that

informs interested persons that the department has initiated work on

the assessment standards.

(2) The notice shall also include a brief description, or a

bibliography, of the technical documents or other information the

department has identified to date as relevant to the preparation of

the assessment standards.

(3) The notice shall inform persons who wish to submit information

concerning the assessment of molds in indoor environments of the

name and address of the person in the department to whom the

information may be sent, the date by which the information must be

received in order for the department to consider it in the

preparation of the assessment standards, and that all information

submitted will be made available to any member of the public who

makes the request.

( The department may review, and consider adopting by reference,

any information prepared by, or on behalf of, the United States

Environmental Protection Agency or other authoritative bodies, for

the purpose of adopting national assessment standards for molds.

standards for molds, the department shall review the adopted

standards and shall, consistent with the criteria set forth in

subdivisions (a), (, and © of Section 26105, amend the standards

if any of the following occur:

(1) Changes in technology or treatment techniques that permit a

materially greater protection of public health.

(2) New scientific evidence that indicates that molds may present

a materially different risk to public health than was previously

determined.

Article 2. Guidelines for Identification of Molds

26120. The department, in consultation with the task force

convened pursuant to Section 26101.7, shall adopt mold identification

guidelines for the recognition of mold, water damage, or microbial

volatile organic compounds in indoor environments.

26121. Identification guidelines shall include scientifically

valid methods to identify the presence of mold including elements for

collection of air, surface and bulk samples, visual identification,

olfactory identification, laboratory analysis, measurements of amount

of moisture, and presence of mold and other recognized analytical

methods used for the identification of molds.

26122. (a) Identification guidelines developed by the department

shall do all of the following:

(1) Avoid adverse effects on the health of the general population,

with an adequate margin of safety, and avoid any significant risk to

public health.

(2) Notwithstanding paragraph (1), balance the protection of

public health with technological and economic feasibility.

(3) Utilize and include the latest scientific data or existing

standards for the assessment of molds adopted by authoritative

bodies.

( The department shall consider all of the following criteria

when it develops identification guidelines for mold:

(1) Permissible exposure limits to molds developed by the State

Department of Health Services pursuant to subdivisions (a) and ( of

Section 26103, or what constitutes a health threat posed by the

presence of mold, both visible and invisible or hidden, in an indoor

environment, according to the department's standards as developed

pursuant to Section 26105.

(2) Standards for mold identification, if any, adopted by

authoritative bodies.

(3) Professional judgment and practicality.

(4) Toxicological reports or additional scientific evidence.

residential landlord or a public entity that rents or leases a unit

or building to conduct air or surface tests of units or buildings to

determine whether the presence of molds exceeds the permissible

exposure limits to mold established by subdivisions (a), (, and ©

of Section 26103.

(d) The department shall develop a reporting form for building

inspection that may be used to document the presence of mold.

(e) The department shall report to the Legislature on its progress

in developing identification guidelines for mold by July 1, 2003.

26123. The department may review, and consider adopting by

reference, any information prepared by, or on behalf of, the United

States Environmental Protection Agency or other authoritative bodies,

for the purpose of adopting national identification standards for

molds.

26124. (a) The department shall, at the time it commences

preparation of identification guidelines for mold, electronically

post on its Internet Web site a notice that informs interested

persons that it has initiated work on the identification guidelines.

( The notice shall include a brief description, or a

bibliography, of the technical documents or other information the

department has identified to date as relevant to the preparation of

the identification guidelines for mold.

identification information of the name and address of the person in

the office to whom the information may be sent, the date by which the

information must be received for the department to consider it in

the preparation of the identification guidelines, and that all

information submitted will be made available to any member of the

public who makes the request.

26125. All identification guidelines for mold published by the

department shall be reviewed at least once every five years and

revised, as necessary, based upon the availability of new scientific

data or information on effective mold identification.

Article 3. Guidelines for Remediation

26130. The department, in consultation with the task force

convened pursuant to Section 26101.7, shall develop and disseminate

remediation guidelines for molds in indoor environments.

26131. (a) Remediation guidelines for mold developed by the

department shall do all of the following:

(1) Provide practical guidance for the removal of mold and

abatement of the underlying cause of mold and associated water

intrusion and water damage in indoor environments.

(2) Protect the public's health.

(3) Notwithstanding paragraph (2), balance the protection of

public health with technological and economic feasibility.

(4) Utilize and include toxicological reports, the latest

scientific data, or existing standards for the remediation of molds

adopted by authoritative bodies.

(5) Provide practical guidance for the removal or cleaning of

contaminated materials in a manner that protects the health of the

person performing the abatement.

(6) Include criteria for personal protective equipment.

(7) Not require a landlord, owner, seller, or transferor, to be

specially trained or certified or utilize the services of a specially

qualified professional to conduct the mold remediation.

( The department shall consider all of the following criteria

when it develops remediation guidelines for mold:

(1) Permissible exposure limits to molds developed by the

department pursuant to subdivisions (a) and ( of Section 26103, or

what constitutes a health threat posed by the presence of mold, both

visible and invisible or hidden, in an indoor environment, according

to the department's guidelines as developed pursuant to Section

26105.

(2) Guidelines for mold remediation, if any, adopted by

authoritative bodies.

(3) Professional judgment and practicality.

residential landlord, or a public entity that rents or leases a unit

or building to conduct air or surface tests of units or buildings to

determine whether the presence of molds exceeds the permissible

exposure limits to mold established by subdivisions (a), (, and ©

of Section 26103.

(d) The department shall report to the Legislature on its progress

in developing remediation standards for mold by July 1, 2003.

26132. (a) The department shall, at the time it commences

preparation of remediation guidelines for mold, electronically post

on its Internet Web site, a notice that informs interested persons

that it has initiated work on the remediation standards.

( The notice shall also include a brief description, or a

bibliography, of the technical documents or other information the

department has identified to date in the preparation of remediation

guidelines for mold.

concerning mold remediation of the name and the address of the

person in the office to whom the information may be sent, the date by

which the information must be received in order for the department

to consider it in the preparation of remediation standards, and that

all information submitted will be made available to any member of the

public who makes the request.

26133. The department may review, and consider adopting by

reference, any information prepared by, or on behalf of, the United

States Environmental Protection Agency or other authoritative bodies,

for the purpose of adopting national remediation standards for

molds.

26134. (a) The department shall make available to the public upon

request, information about contracting for the removal of mold in a

building or surrounding environment, including all of the following:

(1) Recommended steps to take when contracting with a company to

remove mold.

(2) Existing laws, regulations, and guidelines developed by the

department, pertaining to permissible exposure limits to mold

infestation, identification, and remediation.

(3) Basic health information as contained in existing mold

publications.

( All mold remediation guidelines published by the department

shall be reviewed at least once every five years and revised, as

necessary based upon the availability of new scientific data.

public education materials and resources to inform the public about

the health effects of molds, methods to prevent, identify and

remediate mold growth, resources to obtain information about molds,

and contact information for individuals, organizations, or government

entities to assist with public concerns about molds.

(2) The department shall make its public education materials

available to public health officers, environmental health officers,

commercial and residential landlord organizations, homeowners'

organizations, and tenants' organizations. These materials shall be

readily available to the general public.

(3) These materials shall be comprehensible to the general public.

(4) These materials shall be produced to include other languages,

in addition to English, to accommodate the diverse multicultural

population of California.

(5) These materials shall be made available on the department's

Internet Web site.

Article 4. Disclosures

26140. (a) Subject to subdivisions (, ©, and (d), a seller or

transferor of commercial or industrial real property, shall provide

written disclosure to prospective buyers as soon as practicable

before the transfer of title when the seller or transferor knows of

the presence of mold, both visible and invisible or hidden, that

affects the unit or building and the mold either exceeds permissible

exposure limits to molds established by subdivisions (a), (, and

department's guidelines as developed pursuant to Section 26105.

( A seller or transferor of commercial or industrial real

property shall be exempt from providing written disclosure pursuant

to this subdivision if the presence of mold was remediated according

to the mold remediation guidelines developed by the department

pursuant to Section 26130.

required to conduct air or surface tests of units or buildings to

determine whether the presence of molds exceeds the permissible

exposure limits to molds established by subdivisions (a) and ( of

Section 26103.

(d) The requirements of this section shall not apply until the

first January 1 or July 1 that occurs at least six months after the

department adopts standards pursuant to Sections 26103 and 26105 and

develops guidelines pursuant to Section 26130.

26141. (a) Subject to subdivisions ©, (d), and (e), commercial

and industrial landlords shall provide written disclosure to

prospective and current tenants of the affected units as specified in

subdivision (, when the landlord knows that mold, both visible and

invisible or hidden, is present that affects the unit or the

building and the mold either exceeds the permissible exposure limits

to molds established by subdivisions (a) and ( of Section 26103 or

poses a health threat according to the department's guidelines as

developed pursuant to Section 26105.

( The written notice required by subdivision (a) shall be

provided:

(1) To prospective tenants as soon as practicable and prior to

entering into the rental agreement.

(2) To current tenants in affected units as soon as is reasonably

practical.

providing written disclosure to prospective tenants pursuant to this

section if the presence of mold was remediated according to the mold

remediation guidelines developed by the department pursuant to

Section 26130.

(d) A commercial or industrial landlord shall not be required to

conduct air or surface tests of units or buildings to determine

whether the presence of molds exceeds the permissible exposure limits

to molds established by subdivisions (a) and ( of Section 26103.

(e) The requirements of this section shall not apply until the

first January 1 or July 1 that occurs at least six months after the

department adopts standards pursuant to Sections 26103 and 26105 and

develops guidelines pursuant to Section 26130.

26142. Any tenant of a commercial or industrial real property who

knows that mold is present in the building, heating system,

ventilating or air-conditioning system, or appurtenant structures, or

that there is a condition of chronic water intrusion or flood, shall

inform the landlord of this knowledge in writing within a reasonable

period of time. The tenant shall make the property available to the

landlord or his or her agents for appropriate assessment or remedial

action as soon as is

reasonably practicable if the landlord is responsible for maintenance

of the property. Nothing in this section is intended to any way

affect existing duties and obligations of residential tenants and

landlords.

26143. Commercial and industrial landlords, who know or have

notice that mold is present in the building, heating system,

ventilating or air-conditioning system, or appurtenant structures, or

that there is a condition of chronic water intrusion or flood, have

an affirmative duty, within a reasonable period of time, to assess

the presence of mold or condition likely to result in the presence of

mold and conduct any necessary remedial action.

26144. The requirements of this article shall not apply to

properties where the tenant is contractually responsible for

maintenance of the property, including any remedial action.

26145. Any tenant of a commercial or industrial real property who

knows or is informed that mold is present in the building, heating

system, ventilating or air-conditioning system, or appurtenant

structures, or that there is a condition of chronic water intrusion

or flood, and is responsible for maintenance of the property shall

inform the landlord in writing of that knowledge as soon as is

reasonably practicable and shall correct the condition in compliance

with the terms of the contract with the landlord.

26146. (a) A public entity that owns, leases, or operates a

building shall provide written disclosure to all building occupants

and prospective tenants as specified in subdivision ( when the

public entity knows, or has reasonable cause to believe, that a

condition of chronic water intrusion or flood exists, or that mold,

both visible and invisible or hidden, is present that affects the

building or unit and the mold either exceeds the permissible exposure

limits to molds established by subdivisions (a) and ( of Section

26103, or poses a health threat according to the department's

guidelines developed pursuant to Section 26105.

( The written notice required by subdivision (a) shall be

provided:

(1) To prospective tenants as soon as practicable and prior to

entering into the rental agreement.

(2) To current building occupants in affected units or buildings

as soon as is reasonably practical.

disclosure to prospective tenants pursuant to subdivision (a) if the

presence of mold was remediated according to the mold remediation

guidelines developed by the department pursuant to Section 26130.

(d) The requirements of this section shall not apply until the

first January 1 or July 1 that occurs at least six months after the

department adopts standards pursuant to Sections 26103 and 26105 and

develops guidelines pursuant to Section 26130.

26147. (a) Subject to subdivisions (, (d), and (e), residential

landlords shall provide written disclosure to prospective and

current tenants of the affected units as specified in subdivision (

when the residential landlord knows, or has reasonable cause to

believe, that mold, both visible and invisible or hidden, is present

that affects the unit or the building and the mold either exceeds the

permissible exposure limits to molds established by subdivisions

(a), (, and © of Section 26103 or poses a health threat according

to the department's guidelines as developed pursuant to Section

26105.

( Notwithstanding subdivision (a), a residential landlord shall

not be required to conduct air or surface tests of units or buildings

to determine whether the presence of molds exceeds the permissible

exposure limits to molds established by subdivisions (a) and ( of

Section 26103.

provided:

(1) To prospective tenants prior to entering into the rental or

lease agreement.

(2) To current tenants in affected units as soon as is reasonably

practical.

(d) A residential landlord shall be exempt from providing written

disclosure to prospective tenants pursuant to this section if the

presence of mold was remediated according to the mold remediation

guidelines developed by the department pursuant to Section 26130.

(e) The requirements of this section shall not apply until the

first January 1 or July 1 that occurs at least six months after the

department adopts standards pursuant to Sections 26103 and 26105 and

develops guidelines pursuant to Section 26130.

26148. (a) Residential landlords shall provide written disclosure

to prospective tenants of the potential health risks and the health

impact that may result from exposure to mold by distributing a

consumer oriented booklet developed and disseminated by the

department.

( The requirements of this section shall be provided to

prospective residential tenants prior to entering the rental or lease

agreement.

first January 1 or July 1, that occurs at least six months after the

department approves the consumer oriented booklet, as described in

subdivision (a).

26149. (a) Nothing in this article shall relieve a seller,

transferor, lessor, agent, landlord, or tenant from any

responsibility for compliance with other obligations, laws,

ordinances, codes, or regulations, including but not limited to the

duties outlined in Sections 1941 and 1941.1 of the Civil Code and any

other duties provided for under common law.

( Nothing in this article shall alter or modify any right,

remedy, or defense otherwise available under law.

26150. (a) Nothing in this article shall affect the existing

obligations of the parties or transferor to a real estate contract,

or their agents, to disclose any facts materially affecting the value

and desirability of the property, including, but not limited to, the

physical conditions of the property and previously received reports

of physical inspections noted on the disclosure form set forth in

Section 1102.6 or 1102.6a of the Civil Code.

( Nothing in this article shall be construed to change the

existing inspection and disclosure duties of a real estate broker or

salesperson including, but not limited to, those duties imposed by

Section 2079 of the Civil Code.

26151. The specification of items for disclosure in this article

does not limit or abridge any obligation for disclosure created by

any other provision of law, or which may exist in order to avoid

fraud, misrepresentation, or deceit in the transfer transaction.

26152. All items subject to disclosure requirements pursuant to

this article shall be subject to enforcement pursuant to Article 5

(commencing with Section 26154).

26153. Neither the transferor nor any listing or selling agent

shall be held liable for any error, inaccuracy, or omission of any

information delivered pursuant to this article if the error,

inaccuracy, or omission was not within the personal knowledge of the

transferor, or the listing or selling agent, or was based on

information timely provided by public agencies, or by other persons

providing relevant information by delivery of a report or opinion

prepared by an expert dealing with matters within the relevant scope

of the professional's license or expertise, and ordinary care was

exercised in obtaining and transmitting it.

Article 5. Enforcement

26154. Public health officers, code enforcement officers,

environmental health officers, city attorneys, and any other

appropriate government entities may respond to complaints about mold

and may enforce standards adopted by the department, pursuant to

subdivisions (a), (, and © of Section 26103 and subdivisions (a),

(, and © of Section 26105, and enforce the disclosure

requirements of Sections 26147 and 26148 that are developed by the

department in consultation with the task force. The disclosure

enforcement guidelines established by the department pursuant to this

section shall include development of a form for disclosure and the

penalties, if any, that may be imposed for failure to disclose. No

penalty shall be assessed against an owner for failure to disclose

under Section 26147 where the owner provides disclosure to the

tenants in a form that substantially conforms to the disclosure form

developed by the department. Local authority to enforce disclosure

requirements pursuant to this section shall not apply until the first

January 1 or July 1 that occurs at least six months after the

department adopts disclosure enforcement guidelines for compliance

with Sections 26147 and 26148.

26155. After the State Department of Health Services, pursuant to

administrative law procedures, submits the proposed regulations

developed pursuant to this chapter, the Department of Consumer

Affairs, in consultation with representatives from the State

Department of Health Services, the Department of Industrial

Relations, and members of the task force convened by the department

pursuant to Section 26101.7, shall consider and report on the need

for standards for mold testing professionals and mold remediation

specialists.

Article 6. Implementation

26156. This chapter shall be implemented only to the extent that

the department determines that funds are available for the

implementation of this chapter.

May 22, 2008

Salzberglver3/ALL:

In regard to the " toothless, " " Watered Down, " " Long-Forgotten " California (first

and most aggressive " Mold Bill " ever to be signed, sealed, and delivered by a

U.S. State, Senate Bill SB-732 (Ortiz), anyone have any history on it? This

infamous Senate Bill (pertaining to the formation of a select committee mandated

to the California Department of Health and Human Services for study and

establishment of levels of various mold species and mycotoxin exposures, and

particulates and volatile compounds produced by molds in indoor environments. In

addition, its counterpart Assembly Bill AB-289 () was to establish

safeguards and regulatory standards for mold infestations and contaminations in

indoor environments, regulate health and safety in remediation and formulate

education and certification for those working to handle and treat moldy

buildings. BOTH WERE SIGNED BY GRAY DAVIS, AND BECAME LAW. Where are they today?

DORMANT! There is also a process in government that apparently establishes law

while issues are " HOT " to stem the public " HEAT " and then once the law is

processed... promote that it is done and how good it was that the California

legislature did something finally to earn their keep, then subtly, do not fund

it... do not bring it up... hope that it eventually dies of lack of attention.

The thought is that the public has an attention span of about 90 days, and then

forgets and moves on. WELL?

In this case, what is obvious is obvious. Short history version. What the public

believes is there protecting them is good enough for the California Department

of Health and Human Services who just wants the subject of molds and health to

be buried...DEEP!

God Bless and take care.

Doug Haney

May 22, 2008

Regarding this bill, as I understand it, it was never funded.

What has come out of California that is useful information is from the

California Research Bureau. I like this document because it specifically

addresses

that there are varying views. It clearly shows where the conflicting

information that stymies much from moving forward, lays.

_http://www.library.ca.gov/crb/06/01/06-001.pdf_

(http://www.library.ca.gov/crb/06/01/06-001.pdf)

Sharon K

May 22, 2008

Sharon/ALL: That is absolutely true. The SB-732 was never funded. As I

understand it, the main reason it was watered down was to satisfy business

lobbyists based on the agreement the research behind it would be sponsored by

the lobbyists. However, after the bill was signed into law, no one came forward

to help fund anything substantial about it. So much for American politics... Oh

yes, it was also suggested by government officials I had spoken to later when I

was royally upset that nothing had been accomplished in more than a year

thereafter that... science is yet unable to establish any agreeable exposure

levels that could prove medical causation of disease. However... for foods,

concerning Aflatoxin B1, science has established a level of tolerance in animal

and human. (EPA

http://www.ansci.cornell.edu/plants/toxicagents/aflatoxin/image11.html)

And,

(EPA http://www.ansci.cornell.edu/plants/toxicagents/aflatoxin/aflatoxin.html)

Of course, lack of funding put the committee idea to rest along with the Bill.

Americans are famous for being able to figure science and math statistics and

the rest of the hype of not being able to determine levels of exposure are pure

bunk! Exposures have a time, live microbial activity growth rate, and other

specific determinate factors. And, all of this is accumulative in natural

process. Don't believe it watch what happens to the human body after the moment

of death in the decomposition process. The truth is, as long as molds and

mycotoxins have an enormous economic value in this country the are going to be

denied as anything other than allergens for most people. That also is a scam, as

live functioning cells cannot cause allergies in the present medical context of

definition, their mycotoxin chemicals and volatile organic compounds certainly

can be allergenic but they are mostly also pathogenic chemicals that cause some

serious neurological, genetic, and physiological diseases that can and do lead

to death in animals and humans.

Sharon, thank you for the websites sent with your post to me.

God Bless and take care.

@...: snk1955@...: Thu, 22 May 2008

14:27:28 -0400Subject: Re: [] SB 732 California Toxic Mold

Protection Act of 2001

Regarding this bill, as I understand it, it was never funded.What has come out

of California that is useful information is from the California Research Bureau.

I like this document because it specifically addresses that there are varying

views. It clearly shows where the conflicting information that stymies much from

moving forward, lays._http://www.library.ca.gov/crb/06/01/06-001.pdf_

(http://www.library.ca.gov/crb/06/01/06-001.pdf) Sharon K

_________________________________________________________________

Give to a good cause with every e-mail. Join the i’m Initiative from Microsoft.

http://im.live.com/Messenger/IM/Join/Default.aspx?souce=EML_WL_ GoodCause

May 23, 2008

For one clue consider when it was signed into law - during the

administration of Gov . This was just before the financial

disaster with the state budget, mostly caused by the Enron

manipulation of the energy grid. Funding was therefore either

pulled or never completed.

AB 284 funded the California Research Bureau, Policy Analyst,

Environmental & Natural Resources and they

put out a request for information in March, 2002. The research of

studies was completed and ready to be written when they lost

funding.

I know they were still working when the IOM report came out in

May 2004.

A new administration was voted in that fall and nothing has

happened

since (for whatever reasons, take your pick).

Carl Grimes

Healthy Habitats LLC

-----

> Anyone have the history on what happened to this?

>

> BILL NUMBER: SB 732 CHAPTERED

> BILL TEXT

>

> CHAPTER 584

> FILED WITH SECRETARY OF STATE OCTOBER 7, 2001

> APPROVED BY GOVERNOR OCTOBER 5, 2001

> PASSED THE SENATE SEPTEMBER 13, 2001

> PASSED THE ASSEMBLY SEPTEMBER 12, 2001

> AMENDED IN ASSEMBLY SEPTEMBER 6, 2001

> AMENDED IN ASSEMBLY JULY 18, 2001

> AMENDED IN ASSEMBLY JULY 5, 2001

> AMENDED IN SENATE MAY 7, 2001

> AMENDED IN SENATE APRIL 16, 2001

> AMENDED IN SENATE MARCH 29, 2001

>

> INTRODUCED BY Senator Ortiz

> (Coauthors: Assembly Members Cohn, Lowenthal, Pavley, and

> Salinas)

>

> FEBRUARY 23, 2001

>

> An act to amend Section 1102.6 of the Civil Code, and to add

> Chapter 18 (commencing with Section 26100) to Division 20 of, the

> Health and Safety Code, relating to toxic mold.

>

> LEGISLATIVE COUNSEL'S DIGEST

>

> SB 732, Ortiz. Toxic mold.

> Existing law provides the State Department of Health Services with

> various powers to enforce its regulations, to promulgate regulations

> to protect the public health, and to enjoin and abate nuisances

> dangerous to public health. The department is vested with the power

> to perform studies, evaluate existing projects, disseminate

> information, and provide training programs to enforce regulations

> related to public health.

> This bill would enact the Toxic Mold Protection Act of 2001. The

> bill would require the department to convene a task force comprised

> of various individuals including, but not limited to, health

> officers, health and medical experts, mold abatement experts,

> representatives of government-sponsored enterprises, representatives

> from school districts or county offices of education, representatives

> of employees and representatives of employers, and affected

> consumers and affected industries including, residential, commercial,

> and industrial tenants, proprietors, managers or landlords,

> insurers, and builders, to advise the department on the development

> of permissible exposure limits to mold, standards for assessment of

> molds in indoor environments as well as alternative standards for

> hospitals, child care facilities, and nursing homes, standards for

> identification, and remediation of mold.

> This bill would require the department to consider the feasibility

> of adopting permissible exposure limits to molds in indoor

> environments. If it is determined to be feasible, the department

> would be required to adopt, in consultation with the task force,

> permissible exposure limits to mold for indoor environments that

> avoid adverse health effects. The department would be required to

> report its progress on developing the permissible exposure limits for

> molds by July 1, 2003.

> This bill would require that, in the process of adopting the

> permissible exposure limits, the department would be required to

> conduct studies, consider specific delineated criteria, and consult

> with the task force to arrive at both permissible exposure limits to

> mold to avoid adverse effects on health on the general public and

> alternative permissible exposure limits to avoid adverse health

> effects for hospitals, child care facilities, and nursing homes,

> whose primary business is to serve members of a subgroup that is a

> meaningful portion of the general population. This bill would also

> require the department, in consultation with the task force, to

> develop and adopt guidelines for the identification and the

> remediation of toxic molds.

> This bill would require that, after the adoption of permissible

> exposure limits to molds, the department review and revise the

> exposure limits at least once every 5 years and consider any new

> technological or treatment techniques or new scientific evidence that

> indicates that molds may present a different health risk than was

> previously determined.

> This bill would also require the department to develop and adopt

> standards for the assessment of the health threat posed by the

> presence of molds, both visible and invisible or hidden, in indoor

> environments. The department would be required to consider specific

> delineated criteria in developing the assessment standard including

> the balancing of the protection of public health with technological

> and economic feasibility. The department would also be authorized to

> adopt alternative assessment standards for hospitals, child care

> facilities, and nursing homes. The department would be required to

> report its progress on developing the assessment standards for molds

> by July 1, 2003.

> After the adoption of mold assessment standards, the department

> would review and revise the exposure limits at least once every 5

> years and consider any new technological or treatment techniques or

> new scientific evidence that indicates that molds may present a

> different health risk than was previously determined.

> The bill would provide for specific protocol to allow the public

> to be involved in the process to determine permissible exposure

> limits to mold, guidelines for identification and remediation of

> mold, and the guidelines for the assessment of molds.

> This bill would require the department to develop public education

> materials and resources to inform the public about the health

> effects of molds, methods of prevention, methods of identification

> and remediation of mold growth, and contact information to

> organizations or governmental entities to assist public concerns.

> This bill would, except under specified circumstances, also

> require that any person who sells, transfers, or rents residential,

> commercial, or industrial real property or a public entity that owns,

> leases, or operates a building who knows, or in specified instances

> has reasonable cause to believe, that mold is present that affects

> the unit or building, and the mold exceeds the permissible exposure

> limits to molds, would be required to provide a written disclosure to

> potential buyers, prospective tenants, renters, landlords, or

> occupants of the mold conditions. However, this bill would not

> require a landlord, owner, seller, or transferor to conduct air or

> surface tests to determine whether the presence of molds exceeds the

> permissible exposure limits or for mold remediation.

> These disclosure duties and requirements would not apply until the

> January 1 or July 1 that occurs at least 6 months after the

> department adopts the requisite standards, and guidelines, as

> provided in the bill.

> This bill would authorize the enforcement of all conditions of

> this bill, including the disclosure provisions, by designated

> enforcement officers.

> The implementation of this bill would depend on the extent to

> which the department determines funds are available for its

> implementation.

>

> THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

>

> SECTION 1. Section 1102.6 of the Civil Code is amended to read:

> 1102.6. The disclosures required by this article pertaining to

> the property proposed to be transferred are set forth in, and shall

> be made on a copy of, the following disclosure form:

> SEC. 2. Chapter 18 (commencing with Section 26100) is added to

> Division 20 of the Health and Safety Code, to read:

>

> CHAPTER 18. TOXIC MOLD

> Article 1. General Provisions

>

> 26100. This chapter shall be known, and may be cited, as the

> Toxic Mold Protection Act of 2001.

> 26101. For purposes of this chapter, the following definitions

> apply:

> (a) " Affect " means to cause a condition by the presence of mold in

> the dwelling unit, building, appurtenant structure, common wall,

> heating system, or ventilating and air-conditioning system that

> affects the indoor air quality of a dwelling unit or building.

> ( " Authoritative bodies " means any recognized national or

> international entities with expertise on public health, mold

> identification and remediation, or environmental health, including,

> but not limited to, other states, the United States Environmental

> Protection Agency, the World Health Organization, the American

> Conference of Governmental Industrial Hygienists, the New York City

> Department of Health, the Centers for Disease Control and Prevention,

> and the American Industrial Hygiene Association.

> © " Certified Industrial Hygienist " means a person who has met

> the education, experience, and examination requirements of an

> industrial hygiene certification organization as defined in Section

> 20700 of the Business and Professions Code.

> (d) " Code enforcement officer " means a local official responsible

> for enforcing housing codes and maintaining public safety in

> buildings using an interdepartmental approach at the local government

> level.

> (e) " Department " means the State Department of Health Services,

> designated as the lead agency in the adoption of permissible exposure

> limits to mold in indoor environments, mold identification and

> remediation efforts, and the development of guidelines for the

> determination of what constitutes mold infestation.

> (f) " Indoor environments " means the affected dwelling unit or

> affected commercial or industrial building.

> (g) " Mold " means any form of multicellular fungi that live on

> plant or animal matter and in indoor environments. Types of mold

> include, but are not limited to, Cladosporium, Penicillium,

> Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor, and

> Stachybotrys chartarum, often found in water-damaged building

> materials.

> (h) " Person " means an individual, corporation, company,

> association, partnership, limited liability company, municipality,

> public utility, or other public body or institution.

> (i) " Public health officer " means a local health officer appointed

> pursuant to Section 101000 or a local comprehensive health agency

> designated by the board of supervisors pursuant to Section 101275 to

> carry out the drinking water program.

> 26101.5. All standards that the department develops pursuant to

> this chapter shall be in accordance with existing administrative law

> procedures applicable to the development of regulations.

> 26101.7. The department shall convene a task force which shall

> advise the department on the development of standards pursuant to

> Sections 26103, 26105, 26106, 26120, and 26130. The task force shall

> be comprised of representatives of public health officers,

> environmental health officers, code enforcement officers, experts on

> the health effects of molds, medical experts, certified industrial

> hygienists, mold abatement experts, representatives of

> government-sponsored enterprises, representatives from school

> districts or county offices of education, representatives of

> employees and representatives of employers, and affected consumers,

> which include, but are not limited to, residential, commercial and

> industrial tenants, homeowners, environmental groups, and attorneys,

> and affected industries, which include, but are not limited to,

> residential, commercial and industrial building proprietors, managers

> or landlords, builders, realtors, suppliers of building materials

> and suppliers of furnishings, and insurers. Task force members shall

> serve on a voluntary basis and shall be responsible for any costs

> associated with their participation in the task force. The

> department shall not be responsible for travel costs incurred by task

> force members or otherwise compensating task force members for costs

> associated with their participation in the task force.

> 26102. The department shall consider the feasibility of adopting

> permissible exposure limits to mold in indoor environments.

> 26103. (a) If the department finds that adopting permissible

> exposure limits to mold in indoor environments is feasible, the

> department, in consultation with the task force convened pursuant to

> Section 26101.7, shall:

> (1) Adopt permissible exposure limits to mold for indoor

> environments that avoid adverse effects on health, with an adequate

> margin of safety, and avoid any significant risk to public health.

> (2) Notwithstanding paragraph (1), balance the protection of

> public health with technological and economic feasibility when it

> adopts permissible exposure limits.

> (3) Utilize and include the latest scientific data or existing

> standards adopted by authoritative bodies.

> (4) Develop permissible exposure limits that target the general

> population.

> ( The department shall consider all of the following criteria

> when it adopts permissible exposure limits for molds in indoor

> environments:

> (1) The adverse health effects of exposure to molds on the general

> population, including specific effects on members of subgroups that

> comprise a meaningful portion of the general population, which may

> include infants, children age 6 years and under, pregnant women, the

> elderly, asthmatics, allergic individuals, immune compromised

> individuals, or other subgroups that are identifiable as being at

> greater risk of adverse health effects than the general population

> when exposed to molds.

> (2) The standards for molds, if any, adopted by authoritative

> bodies.

> (3) The technological and economic feasibility of compliance with

> the proposed permissible exposure limit for molds. For the purposes

> of determining economic feasibility pursuant to this paragraph, the

> department shall consider the costs of compliance to tenants,

> landlords, homeowners, and other affected parties.

> (4) Toxicological studies and any scientific evidence as it

> relates to mold.

> © The department may develop alternative permissible exposure

> limits applicable for facilities, which may include hospitals, child

> care facilities, and nursing homes, whose primary business is to

> serve members of subgroups that comprise a meaningful portion of the

> general population and are at greater risk of adverse health effects

> from molds than the general population. These subgroups may include

> infants, children age 6 years and under, pregnant women, the elderly,

> asthmatics, allergic individuals, or immune compromised individuals.

>

> (d) The department shall report to the Legislature on its progress

> in developing the permissible exposure limit for molds by July 1,

> 2003.

> 26104. (a) (1) The department shall, at the time it commences

> preparation of the permissible exposure limits to mold, provide

> notice electronically by posting on its Internet Web site a notice

> that informs interested persons that the department has initiated

> work on the permissible exposure limits to mold.

> (2) The notice shall also include a brief description or a

> bibliography of the technical documents or other information the

> department has identified to date as relevant to the preparation of

> the permissible exposure limits.

> (3) The notice shall inform persons who wish to submit information

> concerning exposure to molds of the name and address of the person

> in the department to whom the information may be sent, the date by

> which the information must be received in order for the department to

> consider it in the preparation of the permissible exposure limits,

> and that all information submitted will be made available to any

> member of the public who makes the request.

> ( The department may amend the permissible exposure limits to

> molds to make the limits less stringent if the department shows clear

> and convincing evidence that the permissible exposure limits to

> molds should be made less stringent and the amendment is made

> consistent with Section 26103.

> © The department may review, and consider adopting by reference,

> any information prepared by, or on behalf of the United States

> Environmental Protection Agency or other authoritative bodies, for

> the purpose of adopting national permissible exposure limits to

> molds.

> (d) At least once every five years, after adoption of permissible

> exposure limits to molds, the department shall review the adopted

> limits and shall, consistent with the criteria set forth in

> subdivisions (a) and ( of Section 26103, amend the permissible

> exposure limits if any of the following occur:

> (1) Changes in technology or treatment techniques that permit a

> materially greater protection of public health.

> (2) New scientific evidence that indicates that molds may present

> a materially different risk to public health than was previously

> determined.

> 26105. (a) The department, in consultation with the task force

> convened pursuant to Section 26101.7, shall adopt practical standards

> to assess the health threat posed by the presence of mold, both

> visible and invisible or hidden, in an indoor environment.

> ( The department shall adopt assessment standards for molds that

> do the following:

> (1) Protect the public's health.

> (2) Notwithstanding paragraph (1), balance the protection of

> public health with technological and economic feasibility when it

> adopts assessment standards.

> (3) Utilize and include the latest scientific data or existing

> standards for the assessment of molds adopted by authoritative

> bodies.

> (4) Develop standards that target the general population.

> (5) The department shall ensure that air or surface testing is not

> required to determine whether the presence of mold constitutes a

> health threat posed by the presence of mold, both visible and

> invisible or hidden, in an indoor environment.

> © The department shall consider all of the following criteria

> when it adopts standards for the assessment of molds in indoor

> environments:

> (1) The adverse health effects of exposure to molds on the general

> population, including specific effects on members of subgroups that

> comprise a meaningful portion of the general population, which may

> include infants, children age 6 years and under, pregnant women, the

> elderly, asthmatics, allergic individuals, immune compromised

> individuals, or other subgroups that are identifiable as being at

> greater risk of adverse health effects than the general population

> when exposed to molds.

> (2) The standards for assessment of molds, if any, adopted by

> authoritative bodies.

> (3) The technological and economic feasibility of compliance with

> the proposed permissible exposure limit for molds. For the purposes

> of determining economic feasibility pursuant to this paragraph, the

> department shall consider the costs of compliance to tenants,

> landlords, homeowners, and other affected parties.

> (4) Any toxicological studies or additional scientific evidence.

> (d) The department shall report to the Legislature on its progress

> in developing the assessment standards for molds by July 1, 2003.

> 26106. The department may develop alternative assessment

> standards applicable for facilities, which may include hospitals,

> child care facilities, and nursing homes, whose primary business is

> to serve members of subgroups that comprise a meaningful portion of

> the general population and are at greater risk of adverse health

> effects to molds than the general population. These subgroups may

> include infants, children age 6 years and under, pregnant women, the

> elderly, asthmatics, allergic individuals, or immune compromised

> individuals.

> 26107. (a) (1) The department shall, at the time it commences

> preparation of standards for the assessment of molds, provide notice

> electronically by posting on its Internet Web site a notice that

> informs interested persons that the department has initiated work on

> the assessment standards.

> (2) The notice shall also include a brief description, or a

> bibliography, of the technical documents or other information the

> department has identified to date as relevant to the preparation of

> the assessment standards.

> (3) The notice shall inform persons who wish to submit information

> concerning the assessment of molds in indoor environments of the

> name and address of the person in the department to whom the

> information may be sent, the date by which the information must be

> received in order for the department to consider it in the

> preparation of the assessment standards, and that all information

> submitted will be made available to any member of the public who

> makes the request.

> ( The department may review, and consider adopting by reference,

> any information prepared by, or on behalf of, the United States

> Environmental Protection Agency or other authoritative bodies, for

> the purpose of adopting national assessment standards for molds.

> standards for molds, the department shall review the adopted

> standards and shall, consistent with the criteria set forth in

> if any of the following occur:

> (1) Changes in technology or treatment techniques that permit a

> materially greater protection of public health.

> (2) New scientific evidence that indicates that molds may present

> a materially different risk to public health than was previously

> determined.

>

> Article 2. Guidelines for Identification of Molds

>

> 26120. The department, in consultation with the task force

> convened pursuant to Section 26101.7, shall adopt mold identification

> guidelines for the recognition of mold, water damage, or microbial

> volatile organic compounds in indoor environments.

> 26121. Identification guidelines shall include scientifically

> valid methods to identify the presence of mold including elements for

> collection of air, surface and bulk samples, visual identification,

> olfactory identification, laboratory analysis, measurements of amount

> of moisture, and presence of mold and other recognized analytical

> methods used for the identification of molds.

> 26122. (a) Identification guidelines developed by the department

> shall do all of the following:

> (1) Avoid adverse effects on the health of the general population,

> with an adequate margin of safety, and avoid any significant risk to

> public health.

> (2) Notwithstanding paragraph (1), balance the protection of

> public health with technological and economic feasibility.

> (3) Utilize and include the latest scientific data or existing

> standards for the assessment of molds adopted by authoritative

> bodies.

> ( The department shall consider all of the following criteria

> when it develops identification guidelines for mold:

> (1) Permissible exposure limits to molds developed by the State

> Department of Health Services pursuant to subdivisions (a) and ( of

> Section 26103, or what constitutes a health threat posed by the

> presence of mold, both visible and invisible or hidden, in an indoor

> environment, according to the department's standards as developed

> pursuant to Section 26105.

> (2) Standards for mold identification, if any, adopted by

> authoritative bodies.

> (3) Professional judgment and practicality.

> (4) Toxicological reports or additional scientific evidence.

> residential landlord or a public entity that rents or leases a unit

> or building to conduct air or surface tests of units or buildings to

> determine whether the presence of molds exceeds the permissible

> of Section 26103.

> (d) The department shall develop a reporting form for building

> inspection that may be used to document the presence of mold.

> (e) The department shall report to the Legislature on its progress

> in developing identification guidelines for mold by July 1, 2003.

> 26123. The department may review, and consider adopting by

> reference, any information prepared by, or on behalf of, the United

> States Environmental Protection Agency or other authoritative bodies,

> for the purpose of adopting national identification standards for

> molds.

> 26124. (a) The department shall, at the time it commences

> preparation of identification guidelines for mold, electronically

> post on its Internet Web site a notice that informs interested

> persons that it has initiated work on the identification guidelines.

>

> ( The notice shall include a brief description, or a

> bibliography, of the technical documents or other information the

> department has identified to date as relevant to the preparation of

> the identification guidelines for mold.

> identification information of the name and address of the person in

> the office to whom the information may be sent, the date by which the

> information must be received for the department to consider it in

> the preparation of the identification guidelines, and that all

> information submitted will be made available to any member of the

> public who makes the request.

> 26125. All identification guidelines for mold published by the

> department shall be reviewed at least once every five years and

> revised, as necessary, based upon the availability of new scientific

> data or information on effective mold identification.

>

> Article 3. Guidelines for Remediation

>

> 26130. The department, in consultation with the task force

> convened pursuant to Section 26101.7, shall develop and disseminate

> remediation guidelines for molds in indoor environments.

> 26131. (a) Remediation guidelines for mold developed by the

> department shall do all of the following:

> (1) Provide practical guidance for the removal of mold and

> abatement of the underlying cause of mold and associated water

> intrusion and water damage in indoor environments.

> (2) Protect the public's health.

> (3) Notwithstanding paragraph (2), balance the protection of

> public health with technological and economic feasibility.

> (4) Utilize and include toxicological reports, the latest

> scientific data, or existing standards for the remediation of molds

> adopted by authoritative bodies.

> (5) Provide practical guidance for the removal or cleaning of

> contaminated materials in a manner that protects the health of the

> person performing the abatement.

> (6) Include criteria for personal protective equipment.

> (7) Not require a landlord, owner, seller, or transferor, to be

> specially trained or certified or utilize the services of a specially

> qualified professional to conduct the mold remediation.

> ( The department shall consider all of the following criteria

> when it develops remediation guidelines for mold:

> (1) Permissible exposure limits to molds developed by the

> department pursuant to subdivisions (a) and ( of Section 26103, or

> what constitutes a health threat posed by the presence of mold, both

> visible and invisible or hidden, in an indoor environment, according

> to the department's guidelines as developed pursuant to Section

> 26105.

> (2) Guidelines for mold remediation, if any, adopted by

> authoritative bodies.

> (3) Professional judgment and practicality.

> residential landlord, or a public entity that rents or leases a unit

> or building to conduct air or surface tests of units or buildings to

> determine whether the presence of molds exceeds the permissible

> of Section 26103.

> (d) The department shall report to the Legislature on its progress

> in developing remediation standards for mold by July 1, 2003.

> 26132. (a) The department shall, at the time it commences

> preparation of remediation guidelines for mold, electronically post

> on its Internet Web site, a notice that informs interested persons

> that it has initiated work on the remediation standards.

> ( The notice shall also include a brief description, or a

> bibliography, of the technical documents or other information the

> department has identified to date in the preparation of remediation

> guidelines for mold.

> concerning mold remediation of the name and the address of the

> person in the office to whom the information may be sent, the date by

> which the information must be received in order for the department

> to consider it in the preparation of remediation standards, and that

> all information submitted will be made available to any member of the

> public who makes the request.

> 26133. The department may review, and consider adopting by

> reference, any information prepared by, or on behalf of, the United

> States Environmental Protection Agency or other authoritative bodies,

> for the purpose of adopting national remediation standards for

> molds.

> 26134. (a) The department shall make available to the public upon

> request, information about contracting for the removal of mold in a

> building or surrounding environment, including all of the following:

>

> (1) Recommended steps to take when contracting with a company to

> remove mold.

> (2) Existing laws, regulations, and guidelines developed by the

> department, pertaining to permissible exposure limits to mold

> infestation, identification, and remediation.

> (3) Basic health information as contained in existing mold

> publications.

> ( All mold remediation guidelines published by the department

> shall be reviewed at least once every five years and revised, as

> necessary based upon the availability of new scientific data.

> public education materials and resources to inform the public about

> the health effects of molds, methods to prevent, identify and

> remediate mold growth, resources to obtain information about molds,

> and contact information for individuals, organizations, or government

> entities to assist with public concerns about molds.

> (2) The department shall make its public education materials

> available to public health officers, environmental health officers,

> commercial and residential landlord organizations, homeowners'

> organizations, and tenants' organizations. These materials shall be

> readily available to the general public.

> (3) These materials shall be comprehensible to the general public.

>

> (4) These materials shall be produced to include other languages,

> in addition to English, to accommodate the diverse multicultural

> population of California.

> (5) These materials shall be made available on the department's

> Internet Web site.

>

> Article 4. Disclosures

>

> transferor of commercial or industrial real property, shall provide

> written disclosure to prospective buyers as soon as practicable

> before the transfer of title when the seller or transferor knows of

> the presence of mold, both visible and invisible or hidden, that

> affects the unit or building and the mold either exceeds permissible

> exposure limits to molds established by subdivisions (a), (, and

> department's guidelines as developed pursuant to Section 26105.

> ( A seller or transferor of commercial or industrial real

> property shall be exempt from providing written disclosure pursuant

> to this subdivision if the presence of mold was remediated according

> to the mold remediation guidelines developed by the department

> pursuant to Section 26130.

> required to conduct air or surface tests of units or buildings to

> determine whether the presence of molds exceeds the permissible

> exposure limits to molds established by subdivisions (a) and ( of

> Section 26103.

> (d) The requirements of this section shall not apply until the

> first January 1 or July 1 that occurs at least six months after the

> department adopts standards pursuant to Sections 26103 and 26105 and

> develops guidelines pursuant to Section 26130.

> and industrial landlords shall provide written disclosure to

> prospective and current tenants of the affected units as specified in

> subdivision (, when the landlord knows that mold, both visible and

> invisible or hidden, is present that affects the unit or the

> building and the mold either exceeds the permissible exposure limits

> to molds established by subdivisions (a) and ( of Section 26103 or

> poses a health threat according to the department's guidelines as

> developed pursuant to Section 26105.

> ( The written notice required by subdivision (a) shall be

> provided:

> (1) To prospective tenants as soon as practicable and prior to

> entering into the rental agreement.

> (2) To current tenants in affected units as soon as is reasonably

> practical.

> providing written disclosure to prospective tenants pursuant to this

> section if the presence of mold was remediated according to the mold

> remediation guidelines developed by the department pursuant to

> Section 26130.

> (d) A commercial or industrial landlord shall not be required to

> conduct air or surface tests of units or buildings to determine

> whether the presence of molds exceeds the permissible exposure limits

> to molds established by subdivisions (a) and ( of Section 26103.

> (e) The requirements of this section shall not apply until the

> first January 1 or July 1 that occurs at least six months after the

> department adopts standards pursuant to Sections 26103 and 26105 and

> develops guidelines pursuant to Section 26130.

> 26142. Any tenant of a commercial or industrial real property who

> knows that mold is present in the building, heating system,

> ventilating or air-conditioning system, or appurtenant structures, or

> that there is a condition of chronic water intrusion or flood, shall

> inform the landlord of this knowledge in writing within a reasonable

> period of time. The tenant shall make the property available to the

> landlord or his or her agents for appropriate assessment or remedial

> action as soon as is

> reasonably practicable if the landlord is responsible for maintenance

> of the property. Nothing in this section is intended to any way

> affect existing duties and obligations of residential tenants and

> landlords.

> 26143. Commercial and industrial landlords, who know or have

> notice that mold is present in the building, heating system,

> ventilating or air-conditioning system, or appurtenant structures, or

> that there is a condition of chronic water intrusion or flood, have

> an affirmative duty, within a reasonable period of time, to assess

> the presence of mold or condition likely to result in the presence of

> mold and conduct any necessary remedial action.

> 26144. The requirements of this article shall not apply to

> properties where the tenant is contractually responsible for

> maintenance of the property, including any remedial action.

> 26145. Any tenant of a commercial or industrial real property who

> knows or is informed that mold is present in the building, heating

> system, ventilating or air-conditioning system, or appurtenant

> structures, or that there is a condition of chronic water intrusion

> or flood, and is responsible for maintenance of the property shall

> inform the landlord in writing of that knowledge as soon as is

> reasonably practicable and shall correct the condition in compliance

> with the terms of the contract with the landlord.

> 26146. (a) A public entity that owns, leases, or operates a

> building shall provide written disclosure to all building occupants

> and prospective tenants as specified in subdivision ( when the

> public entity knows, or has reasonable cause to believe, that a

> condition of chronic water intrusion or flood exists, or that mold,

> both visible and invisible or hidden, is present that affects the

> building or unit and the mold either exceeds the permissible exposure

> limits to molds established by subdivisions (a) and ( of Section

> 26103, or poses a health threat according to the department's

> guidelines developed pursuant to Section 26105.

> ( The written notice required by subdivision (a) shall be

> provided:

> (1) To prospective tenants as soon as practicable and prior to

> entering into the rental agreement.

> (2) To current building occupants in affected units or buildings

> as soon as is reasonably practical.

> disclosure to prospective tenants pursuant to subdivision (a) if the

> presence of mold was remediated according to the mold remediation

> guidelines developed by the department pursuant to Section 26130.

> (d) The requirements of this section shall not apply until the

> first January 1 or July 1 that occurs at least six months after the

> department adopts standards pursuant to Sections 26103 and 26105 and

> develops guidelines pursuant to Section 26130.

> 26147. (a) Subject to subdivisions (, (d), and (e), residential

> landlords shall provide written disclosure to prospective and

> current tenants of the affected units as specified in subdivision (

> when the residential landlord knows, or has reasonable cause to

> believe, that mold, both visible and invisible or hidden, is present

> that affects the unit or the building and the mold either exceeds the

> permissible exposure limits to molds established by subdivisions

> to the department's guidelines as developed pursuant to Section

> 26105.

> ( Notwithstanding subdivision (a), a residential landlord shall

> not be required to conduct air or surface tests of units or buildings

> to determine whether the presence of molds exceeds the permissible

> exposure limits to molds established by subdivisions (a) and ( of

> Section 26103.

> provided:

> (1) To prospective tenants prior to entering into the rental or

> lease agreement.

> (2) To current tenants in affected units as soon as is reasonably

> practical.

> (d) A residential landlord shall be exempt from providing written

> disclosure to prospective tenants pursuant to this section if the

> presence of mold was remediated according to the mold remediation

> guidelines developed by the department pursuant to Section 26130.

> (e) The requirements of this section shall not apply until the

> first January 1 or July 1 that occurs at least six months after the

> department adopts standards pursuant to Sections 26103 and 26105 and

> develops guidelines pursuant to Section 26130.

> 26148. (a) Residential landlords shall provide written disclosure

> to prospective tenants of the potential health risks and the health

> impact that may result from exposure to mold by distributing a

> consumer oriented booklet developed and disseminated by the

> department.

> ( The requirements of this section shall be provided to

> prospective residential tenants prior to entering the rental or lease

> agreement.

> first January 1 or July 1, that occurs at least six months after the

> department approves the consumer oriented booklet, as described in

> subdivision (a).

> 26149. (a) Nothing in this article shall relieve a seller,

> transferor, lessor, agent, landlord, or tenant from any

> responsibility for compliance with other obligations, laws,

> ordinances, codes, or regulations, including but not limited to the

> duties outlined in Sections 1941 and 1941.1 of the Civil Code and any

> other duties provided for under common law.

> ( Nothing in this article shall alter or modify any right,

> remedy, or defense otherwise available under law.

> 26150. (a) Nothing in this article shall affect the existing

> obligations of the parties or transferor to a real estate contract,

> or their agents, to disclose any facts materially affecting the value

> and desirability of the property, including, but not limited to, the

> physical conditions of the property and previously received reports

> of physical inspections noted on the disclosure form set forth in

> Section 1102.6 or 1102.6a of the Civil Code.

> ( Nothing in this article shall be construed to change the

> existing inspection and disclosure duties of a real estate broker or

> salesperson including, but not limited to, those duties imposed by

> Section 2079 of the Civil Code.

> 26151. The specification of items for disclosure in this article

> does not limit or abridge any obligation for disclosure created by

> any other provision of law, or which may exist in order to avoid

> fraud, misrepresentation, or deceit in the transfer transaction.

> 26152. All items subject to disclosure requirements pursuant to

> this article shall be subject to enforcement pursuant to Article 5

> (commencing with Section 26154).

> 26153. Neither the transferor nor any listing or selling agent

> shall be held liable for any error, inaccuracy, or omission of any

> information delivered pursuant to this article if the error,

> inaccuracy, or omission was not within the personal knowledge of the

> transferor, or the listing or selling agent, or was based on

> information timely provided by public agencies, or by other persons

> providing relevant information by delivery of a report or opinion

> prepared by an expert dealing with matters within the relevant scope

> of the professional's license or expertise, and ordinary care was

> exercised in obtaining and transmitting it.

>

> Article 5. Enforcement

>

> 26154. Public health officers, code enforcement officers,

> environmental health officers, city attorneys, and any other

> appropriate government entities may respond to complaints about mold

> and may enforce standards adopted by the department, pursuant to

> requirements of Sections 26147 and 26148 that are developed by the

> department in consultation with the task force. The disclosure

> enforcement guidelines established by the department pursuant to this

> section shall include development of a form for disclosure and the

> penalties, if any, that may be imposed for failure to disclose. No

> penalty shall be assessed against an owner for failure to disclose

> under Section 26147 where the owner provides disclosure to the

> tenants in a form that substantially conforms to the disclosure form

> developed by the department. Local authority to enforce disclosure

> requirements pursuant to this section shall not apply until the first

> January 1 or July 1 that occurs at least six months after the

> department adopts disclosure enforcement guidelines for compliance

> with Sections 26147 and 26148.

> 26155. After the State Department of Health Services, pursuant to

> administrative law procedures, submits the proposed regulations

> developed pursuant to this chapter, the Department of Consumer

> Affairs, in consultation with representatives from the State

> Department of Health Services, the Department of Industrial

> Relations, and members of the task force convened by the department

> pursuant to Section 26101.7, shall consider and report on the need

> for standards for mold testing professionals and mold remediation

> specialists.

>

> Article 6. Implementation

>

> 26156. This chapter shall be implemented only to the extent that

> the department determines that funds are available for the

> implementation of this chapter.

>

> ------------------------------------

>

> FAIR USE NOTICE:

>

May 23, 2008

Hi Doug,

You are right. It has been a long and twisted path thru the politics/public

policy over this issue. I am so pleased to see the World Health

Organization taking the lead and setting out in writing the current state of

scientific

understanding, with the intent of writing some clear guidelines and

directions over this issue.

http://_www.euro.who.int/Document/E91146.pdf_

(http://www.euro.who.int/Document/E91146.pdf)

Summary of the health risk evaluation

1. Sufficient epidemiological evidence from studies

conducted in different countries and climatic conditions

shows that occupants of damp or mouldy buildings, both

homes and public buildings, are at increased risk of

experiencing respiratory symptoms, respiratory infections

and exacerbations of asthma. Some evidence suggests an

increased risk of developing allergic rhinitis and asthma.

Although not many intervention studies are available, their

results show that remediation of dampness problems leads to

a reduction in adverse health outcomes.

2. There is clinical evidence that exposures to moulds and

other dampness-related microbial agents increase the risk

of rare conditions, such as hypersensitivity

pneumonitis/allergic alveolitis, chronic rhinosinusitis and

allergic fungal sinusitis.

3. Toxicological evidence in vivo and in vitro supports

these findings by showing diverse inflammatory and toxic

responses after exposure to specific microorganisms

isolated from damp buildings, including their spores,

metabolites and components.

4. While groups such as atopic and allergic individuals are....

Take care,

Sharon

May 23, 2008

I have the text of it somewhere. It was my impression that in many ways it

was a BAD law because it gave away a lot of rights that people should have

had, for example, in cases of serious irresponsibility the state should have

taken over in remediations, however the law explicitly gave up that right.

Lots of other things in it bothered me too. From a tenants perspective it

was not so good, although it was advertised as helping. My longterm feeling

about Calif. is that it is very screwed up politically. Not unlike

everywhere else.

I also tried to sign up for the advisory panel but I never heard back from

anybody.But now, I don't live in Calif anymore.

Sign In

SB 732 California Toxic Mold Protection Act of 2001

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