BILL NUMBER: SB 732 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 29, 2001
INTRODUCED BY Senator Ortiz
FEBRUARY 23, 2001
An act to amend Section 17920.3 of, to add Chapter 9 (commencing
with Section 17999) to Part 1.5 of Division 13 of, 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, as amended, 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 which would
require the department to adopt specific regulations to protect the
public health from toxic mold , and develop public education
materials and resources to inform the public about the health effects
of molds, methods of prevention, methods of identification,
remediation of mold growth, and contact information to organizations
or governmental entities to assist public concerns .
This bill would require that the department conduct studies,
consider specific delineated criteria, and consult with professional
and medical experts in the field to arrive at permissible exposure
limits to mold that will protect the public health and avert adverse
health risks to a meaningful portion of the general population. This
bill would also set the standards for the identification and the
remediation of toxic molds.
This bill would also require the Office of Environmental Health
Hazard Assessment to prepare and publish an assessment of the risks
to public health posed by exposure to molds in indoor environments.
The bill would provide for specific protocol to allow the public to
be involved in the study to determine the public health goal. The
bill would also require that the level
exposure limit identified by the Office of Environmental Health
Hazard Assessment shall be considered the public health goal for
toxic mold and would be used by the department in formulating the
permissible exposure limit for toxic mold. The bill would also
establish specified criteria to be used by the Office of
Environmental Health Hazard Assessment when determining the public
health goal.
This bill would require that the public health goal be reviewed
and revised at a minimum of every 5 years and would be required to
consider any and all technological or treatment techniques discovered
in the interim.
Under existing law, the State Department of Health Services is
authorized to adopt rules and regulations related to building
standards and is vested with the power to enforce all regulations to
ensure that all buildings where people reside are fit for human
habitation.
This bill would also add toxic mold to the list of both
substandard conditions and a structural hazard to health, for
buildings used for human habitation.
This bill would also require that any person who sells or rents
residential real property, or sells commercial property, to provide a
written disclosure, to the potential buyer or renter, disclosing the
presence and location of mold-containing construction materials in
the building, heating, ventilating, and air-conditioning system, or
surrounding environments as well as the potential health risks that
may result from exposure to mold.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 17920.3 of the Health and Safety Code is
amended to read:
17920.3. Any building or portion thereof including any dwelling
unit, guestroom or suite of rooms, or the premises on which the same
is located, in which there exists any of the following listed
conditions to an extent that endangers the life, limb, health,
property, safety, or welfare of the public or the occupants thereof
shall be deemed and hereby is declared to be a substandard building:
(a) Inadequate sanitation shall include, but not be limited to,
the following:
(1) Lack of, or improper water closet, lavatory, or bathtub or
shower in a dwelling unit.
(2) Lack of, or improper water closets, lavatories, and bathtubs
or showers per number of guests in a hotel.
(3) Lack of, or improper kitchen sink.
(4) Lack of hot and cold running water to plumbing fixtures in a
hotel.
(5) Lack of hot and cold running water to plumbing fixtures in a
dwelling unit.
(6) Lack of adequate heating.
(7) Lack of, or improper operation of required ventilating
equipment.
(8) Lack of minimum amounts of natural light and ventilation
required by this code.
(9) Room and space dimensions less than required by this code.
(10) Lack of required electrical lighting.
(11) Dampness of habitable rooms.
(12) Infestation of insects, vermin, or rodents as determined by
the health officer.
(13) General dilapidation or improper maintenance.
(14) Lack of connection to required sewage disposal system.
(15) Lack of adequate garbage and rubbish storage and removal
facilities as determined by the health officer.
(b) Structural hazards shall include, but not be limited to, the
following:
(1) Deteriorated or inadequate foundations.
(2) Defective or deteriorated flooring or floor supports.
(3) Flooring or floor supports of insufficient size to carry
imposed loads with safety.
(4) Members of walls, partitions, or other vertical supports that
split, lean, list, or buckle due to defective material or
deterioration.
(5) Members of walls, partitions, or other vertical supports that
are of insufficient size to carry imposed loads with safety.
(6) Members of ceilings, roofs, ceilings and roof supports, or
other horizontal members which sag, split, or buckle due to defective
material or deterioration.
(7) Members of ceiling, roofs, ceiling and roof supports, or other
horizontal members that are of insufficient size to carry imposed
loads with safety.
(8) Fireplaces or chimneys which list, bulge, or settle due to
defective material or deterioration.
(9) Fireplaces or chimneys which are of insufficient size or
strength to carry imposed loads with safety.
(c) Any nuisance.
(d) All wiring, except that which conformed with all applicable
laws in effect at the time of installation if it is currently in good
and safe condition and working properly.
(e) All plumbing, except plumbing that conformed with all
applicable laws in effect at the time of installation and has been
maintained in good condition, or that may not have conformed with all
applicable laws in effect at the time of installation but is
currently in good and safe condition and working properly, and that
is free of cross connections and siphonage between fixtures.
(f) All mechanical equipment, including vents, except equipment
that conformed with all applicable laws in effect at the time of
installation and that has been maintained in good and safe condition,
or that may not have conformed with all applicable laws in effect at
the time of installation but is currently in good and safe condition
and working properly.
(g) Faulty weather protection, which shall include, but not be
limited to, the following:
(1) Deteriorated, crumbling, or loose plaster.
(2) Deteriorated or ineffective waterproofing of exterior walls,
roof, foundations, or floors, including broken windows or doors.
(3) Defective or lack of weather protection for exterior wall
coverings, including lack of paint, or weathering due to lack of
paint or other approved protective covering.
(4) Broken, rotted, split, or buckled exterior wall coverings or
roof coverings.
(h) Any building or portion thereof, device, apparatus, equipment,
combustible waste, or vegetation that, in the opinion of the chief
of the fire department or his or her deputy, is in such a
condition as to cause a fire or explosion or provide a ready fuel to
augment the spread and intensity of fire or explosion arising from
any cause.
(i) All materials of construction, except those which are
specifically allowed or approved by this code, and which have been
adequately maintained in good and safe condition.
(j) Those premises on which an accumulation of weeds, vegetation,
junk, dead organic matter, debris, garbage, offal, rodent harborages,
stagnant water, combustible materials, and similar materials or
conditions constitute fire, health, or safety hazards.
(k) Any building or portion thereof that is determined to be an
unsafe building due to inadequate maintenance, in accordance with the
latest edition of the Uniform Building Code.
(l) All buildings or portions thereof not provided with adequate
exit facilities as required by this code, except those buildings or
portions thereof whose exit facilities conformed with all applicable
laws at the time of their construction and that have been adequately
maintained and increased in relation to any increase in occupant
load, alteration or addition, or any change in occupancy.
When an unsafe condition exists through lack of, or improper
location of, exits, additional exits may be required to be installed.
(m) All buildings or portions thereof that are not provided with
the fire-resistive construction or fire-extinguishing systems or
equipment required by this code, except those buildings or portions
thereof that conformed with all applicable laws at the time of their
construction and whose fire-resistive integrity and
fire-extinguishing systems or equipment have been adequately
maintained and improved in relation to any increase in occupant load,
alteration or addition, or any change in occupancy.
(n) All buildings or portions thereof occupied for living,
sleeping, cooking, or dining purposes that were not designed or
intended to be used for those occupancies.
(o) Inadequate structural resistance to horizontal forces.
(p) Presence of mold that exceeds the standards established by the
State Department of Health Services pursuant to subdivisions (a) and
(b) of Section 26102 or is determined by the health officer or code
enforcement officer, in consultation with scientific experts, to
be likely to result in adverse health effects likely to result
in serious or permanent bodily injury.
"Substandard building" includes a building not in compliance with
Section 13143.2.
However, a condition that would require displacement of sound
walls or ceilings to meet height, length, or width requirements for
ceilings, rooms, and dwelling units shall not by itself be considered
sufficient existence of dangerous conditions making a building a
substandard building, unless the building was constructed, altered,
or converted in violation of those requirements in effect at the time
of construction, alteration, or conversion.
SEC. 2. Chapter 9 (commencing with Section 17999) is added to Part
1.5 of Division 13 of the Health and Safety Code, to read:
CHAPTER 9. MOLD-CONTAINING MATERIALS
Article 1. Disclosures
17999. (a) (1) Any person who sells residential real property
subject to Section 1102 of the Civil Code shall provide written
disclosure to potential buyers, identifying the presence or location
of mold-containing construction materials in the building, heating,
ventilating, and air-conditioning system (HVAC), or surrounding
environments, and shall disclose the potential health risks and the
health impact that may result from exposure to mold.
(2) The written notice required by this subdivision shall be
provided as soon as practicable before transfer of the title.
(3) The notice required by this subdivision shall include
disclosure of the current presence or prior existence of molds and
the disclosure shall include whether the current presence or prior
existence of molds exceeds the permissible exposure limit to molds
established by subdivisions (a) and (b) of Section 26102.
(b) (1) Landlords Commercial and
residential landlords shall provide written disclosure to
potential tenants, identifying the presence or location of
mold-containing construction materials in the building, HVAC system,
or surrounding environments, as well as potential health risks or
health impact that may result from exposure to mold.
(2) The written notice shall be provided as soon as practicable
before finalizing the rental agreement.
(3) The notice shall include disclosure of the current presence or
prior existence of molds and if the current presence or prior
existence of molds exceeds the permissible exposure limit to molds
established by subdivisions (a) and (b) of Section 26102.
17999.3. (a) Sellers of commercial real property shall provide
written disclosure to potential buyers, identifying the presence or
location of mold-containing construction materials in the building,
HVAC system, or surrounding environments, as well as potential health
risks and health impact that may result from exposure to mold.
(b) The written notice shall be provided as soon as practicable
before transfer of the title.
(c) The notice shall include disclosure of the current presence or
prior existence of molds and if the current presence or prior
existence of molds exceeds the permissible exposure limit to molds
established by subdivisions (a) and (b) of Section 26102.
Article 2. Enforcement
17999.5. Public health officers, code enforcement officers,
environmental health officers, and employees of the Department of
Industrial Relations may respond to complaints about mold and
responsibility to enforce standards developed by the department,
pursuant to subdivisions (a) and (b) of Section 21602.
17999.7. The State Department of Health Services
Department of Consumer Affairs , in consultation
with representatives from the State Department of Health
Services, the Department of Industrial Relations, the
Commission on Building Standards, consumers, building proprietors,
code enforcement officers, public health officers, environmental
health officers, medical experts in mold health effects, mold testing
experts, mold remediation experts, and industrial hygienists, shall
develop standards of education and certification for mold testing
professionals and mold remediation specialists.
professionals, mold remediation specialists, and industrial
hygienists.
SEC. 3. Chapter 18 (commencing with Section 26100) is added to
Division 20 of the Health and Safety Code, to read:
CHAPTER 18. TOXIC MOLD PROTECTION ACT OF 2001
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) "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, and the American Industrial Hygiene
Association.
(b) "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.
(c) "Department" means the State Department of Health Services,
designated as the lead agency in mold identification and remediation
efforts.
(d) "Exposure limit" means the maximum permissible amount of mold
exposure to persons.
(e) "Identification" means the process of recognizing mold, water
damage, or microbial volatile organic compounds in indoor
environments.
(f) "Indoor environments" means both the indoor and outdoor
habitats in and around specified structures.
(g) "Industrial hygienist" means a professional qualified by
education, training, and experience to anticipate, recognize,
evaluate, and develop controls for occupational health hazards,
including mold issues.
(h) "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, fusarium, trichoderma, memnoniella, mucor,
and stachybotrys chartarum, often found in water damaged structures.
(i) "Person" means an individual, corporation, company,
association, partnership, limited liability company, municipality,
public utility, or other public body or institution.
(j) "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.
(k) "Remediation" means the removal of mold and rectification of
the underlying cause of mold and water accumulation through cleanup,
drying, or removal of water damaged materials through the abatement
processes.
26102. (a) In implementing this chapter, the department shall do
the following:
(1) Adopt permissible exposure limits to mold for indoor
environments that avoid known or anticipated adverse effects on
health, with an adequate margin of safety, and avoid any significant
risk to public health.
(2) Place a primary emphasis on the protection of public health
and, to the extent technologically and economically feasible, adopt
permissible exposure limits to mold to protect the public health.
(3) Make a determination of permissible exposure limits to molds
as close as feasible to the established public health goal as
determined by the Office of Environmental Health Hazard Assessment.
(b) The department shall consider all of the following criteria
when it adopts a permissible exposure limit for molds in indoor
environments:
(1) The public health goal and permissible exposure
levels for limits to molds published by the
Office of Environmental Health Hazard Assessment pursuant to Section
26103.
(2) The adverse health effects of exposure to molds, including
specific effects on members of subgroups that comprise a meaningful
portion of the general population, including but not limited to,
infants, children, 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.
(3) The standards for toxic molds, if any,
adopted by authoritative bodies.
(4) 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.
(c) The department shall report to the Legislature on its progress
in developing the permissible exposure limit for molds by July 1,
2003.
26103. The Office of Environmental Health Hazard Assessment shall
prepare and publish an assessment of the risks to public health
posed by exposure to molds in indoor environments.
26104. (a) The risk assessment shall be prepared using the most
current principles, practices, and methods used by public health
professionals who are experienced practitioners in the fields of mold
testing and examining the health effects of mold exposure.
(b) The risk assessment shall contain an estimate of the
level of exposure exposure limits to molds that
is not anticipated to cause or contribute to adverse health effects,
or that does not pose any significant risk to health. The estimated
level exposure limits shall be known as
the public health goal for the contaminant. The public health goal
shall be based exclusively on public health considerations and shall
be set in accordance with all of the following:
(1) The public health goal shall be set at the level
exposure limit at which no known or anticipated
adverse effects on health occur. The level
exposure limit shall contain an adequate margin of safety,
according to most recent data, exposure to molds does not constitute
a significant risk to health.
(2) The public health goal shall take into account the following:
(A) Environmental triggers or health conditions which increase the
likelihood that individuals will experience adverse health effects
when exposed to molds.
(B) Adverse health effects of exposure to molds, including
specific effects on members of subgroups that comprise a meaningful
portion of the general population, including, but not limited to,
infants, children, 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.
(C) The relationship between exposure to molds and increased body
burden and the degree to which increased body burden levels alter
physiological function or structure in a manner that may
significantly increase the risk of illness.
(D) The public health goal of exposure levels
limits for mold shall be based on the most current
principles, practices, and methods used by public health
professionals experienced in the fields of mold testing and examining
the health effects of mold exposure.
26105. (a) If the Office of Environmental Health Hazard
Assessment is unable to determine a level of exposure
exposure limits to molds at which no known or
anticipated adverse effects on health will occur with an adequate
margin of safety, or a level an exposure
limit that poses no significant risk to public health, the
public health goal shall be set at a level an
exposure limit that is protective of public health, with an
adequate margin of safety.
(b) The department may set the public health goal at zero if
necessary to satisfy the requirements of this section.
26106. (a) (1) The Office of Environmental Health Hazard
Assessment shall, at the time it commences preparation of a risk
assessment for exposure to molds as required by Section 26103,
provide notice electronically by posting on its Internet website a
notice that informs interested persons, including, but not limited
to: representatives from the Department of Industrial Relations, the
Commission on Building Standards, representatives of consumers,
commercial and residential building proprietors, code
enforcement officers, public health officers, environmental health
officers, experts on the health effects of molds, medical experts,
mold testing experts, and industrial hygienists that it has initiated
work on the risk assessment.
(2) The notice shall also include a brief description, or a
bibliography of the technical documents or other information the
office has identified to date as relevant to the preparation of the
risk assessment.
(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 office to whom the information may be sent, the date by which
the information must be received in order for the office to consider
it in the preparation of the risk assessment, and that all
information submitted will be made available to any member of the
public who makes the request.
(b) Each draft risk assessment prepared by the Office of
Environmental Health Hazard Assessment pursuant to this subdivision
shall be made available to the public at least 45 calendar days prior
to the date that public comment and discussion on the risk
assessment are solicited.
(c) After the Office of Environmental Health Hazard Assessment
publishes the final risk assessment for exposure to molds, the office
shall respond in writing to any significant comments, data, studies,
or other written information submitted to the office in connection
with the preparation of the risk assessment. Any such comments,
data, studies, or other written information submitted to the office
shall be made available to any member of the public who makes the
request.
26107. The department shall consider the final risk assessment
for exposure to molds prior to adopting the public health
goal for permissible exposure limits to mold.
26108. (a) Notwithstanding any other provision of this chapter,
the permissible level of exposure exposure
limits to molds may be amended by the department to make the
level limits more stringent pursuant to
this section.
(b) The department may amend a permissible level of
exposure the permissible exposure limits to
molds to make it the limits less
stringent if the department shows clear and convincing evidence that
the permissible level of exposure exposure
limits to molds should be made less stringent and the amendment
is made consistent with this section.
26109. All public health goals for permissible exposure limits to
molds published by the Office of Environmental Health Hazard
Assessment shall be established in accordance with the requirements
of Sections 26103 to 26105, inclusive, and shall be reviewed at least
once every five years and revised, pursuant to Sections 26103 to
26105, inclusive, as necessary based upon the availability of new
scientific data.
26110. The department or Office of Environmental Health Hazard
Assessment may review, and adopt 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 a national permissible levels of
exposure limits to molds when the department or
office establishes a California permissible level of
exposure exposure limits to molds or publishes a
public health goal, respectively.
26111. At least once every five years after adoption of
permissible level of exposure exposure limits
to molds, the department shall review the adopted
level limits and shall, consistent with the
criteria set forth in subdivisions (a) and (b) of Section 26102,
amend the permissible level exposure limits
if any of the following occur:
(1) Changes in technology or treatment techniques that permit a
materially greater protection of public health or attainment of the
public health goal.
(2) New scientific evidence that indicates that molds may present
a materially different risk to public health than was previously
determined.
Article 2. Standards for Identification of Molds
26120. The department, shall, in consultation with
representatives from the Department of Industrial Relations, the
Commission on Building Standards, representatives of consumers,
commercial and residential building proprietors, code
enforcement officers, public health officers, environmental health
officers, experts on the health effects of molds, medical experts,
mold testing experts, and industrial hygienists, adopt mold
identification standards for the environmental assessment of molds in
indoor environments that are based on the criteria in subdivision
(b) of Section 26102.
26121. Identification standards shall include elements for visual
identification, olfactory identification, and measurements of amount
of moisture and presence of mold.
26122. (a) Permissible identification standards adopted by the
department shall protect public health, to the extent technologically
and economically feasible, by avoiding any known or anticipated
adverse effects on public health with an adequate margin of safety,
and by avoiding any significant risk to public health.
(b) The department shall consider all of the following criteria
when it adopts identification standards for mold:
(1) Permissible level of exposure exposure
limits to molds developed by the State Department of Health
Services pursuant to subdivisions (a) and (b) of Section 26102.
(2) Standards for mold identification, if any, adopted by
authoritative bodies.
(3) The latest technology and information available on effective
mold identification using olfactory, visual perception, measurements
of moisture, or the presence of mold spores, or other means of
effectively identifying the presence of mold.
(4) Professional judgment and practicality.
(5) The technological and economic feasibility of compliance with
the proposed identification standards for mold.
(c) The department shall develop a uniform reporting form for
building inspection to document the presence of mold.
(d) The department shall report to the Legislature on its progress
in developing identification standards for mold by July 1, 2003.
26123. The department shall, at the time it commences preparation
of identification standards for mold, develop criteria to rate
buildings according to the degree of hazard posed by presence and
condition of the mold in the buildings and surrounding environments.
26124. (a) (1) The department shall, at the time it commences
preparation of identification standards for mold, electronically post
on its Internet website a notice that informs interested persons
that it has initiated work on the remediation standards.
(2) 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 standards for mold.
(3) The notice shall inform persons who wish to submit 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 standards, and that all
information submitted will be made available to any member of the
public who makes the request.
(b) Each draft identification standard prepared by the department
pursuant to this article shall be made available to the public at
least 45 calendar days prior to the date that public comment and
discussion on mold
identification standards are solicited.
(c) The department shall respond in writing to significant
comments, data, studies, or other written information submitted by
interested persons to the department related to the preparation of
the mold identification standards after the publication of the final
identification standards. Any such comments, data, studies, or other
written information submitted to the office shall be made available
to any member of the public who makes the request.
26125. All identification standards 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. Standards for Remediation
26130. The department, in consultation with representatives from
the Department of Industrial Relations, the Commission on Building
Standards, representatives of consumers, commercial and
residential building proprietors, code enforcement officers,
public health officers, environmental health officers, experts on the
health effects of molds, medical experts, mold remediation experts,
and industrial hygienists, shall adopt remediation standards for
molds in indoor environments that are based on the criteria set forth
in subdivisions (a) and (b) of Section 26102.
26131. (a) (1) Remediation standards for mold
adopted by the department shall place primary emphasis on the
protection of public health, and, to the extent
technologically and economically public health.
(b) Remediation standards for mold to the extent technologically
and economically feasible, shall meet all of the following:
(2)
(1) Maximize the protection of individuals from adverse
health effects.
(3)
(2) Remove or clean contaminated materials in a manner that
prevents the emission of mold spores and dust, contaminated with
mold, from leaving a work area, and entering an occupied or
nonabatement area, and protecting the health of workers performing
the abatement.
(4)
(3) Avoid any known or anticipated adverse effects on public
health with an adequate margin of safety.
(5)
(4) Avoid any significant risk to public health.
(6)
(5) Include criteria for personal protective equipment.
(7)
(6) Require communication of hazard to building occupants.
26132. (a) The department shall consider all of the following
criteria when it adopts a remediation standard for mold:
(1) Permissible level of exposure exposure
limits to molds developed by the department pursuant to
subdivisions (a) and (b) of Section 26102.
(2) Standards for mold remediation, if any, adopted by
authoritative bodies.
(3) The latest scientific evidence or technical information
available on effective mold remediation.
(4) Professional judgement and practicality.
(5) The technological and economic feasibility of compliance with
the proposed remediation standards.
(b) The department shall report to the Legislature on its progress
in developing remediation standards for mold by July 1, 2003.
26133. (a) (1) The department shall, at the time it commences
preparation of remediation standards for mold, electronically post on
its Internet website, a notice that informs interested persons that
it has initiated work on the remediation 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 in the preparation of remediation
standards for mold.
(3) The notice shall inform persons who wish to submit information
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.
(b) Each draft remediation standard prepared by the department
pursuant to this subdivision shall be made available to the public at
least 45 calendar days prior to the date that public comment and
discussion on mold remediation are solicited.
(c) At the time the department publishes the final remediation
standards for mold, the department shall respond in writing to
significant comments, data, studies, or other written information
submitted by interested persons to the department in connection with
the preparation of remediation standards for mold. Any such
comments, data, studies, or other written information submitted to
the office shall be made available to any member of the public who
makes the request.
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 and regulations pertaining to mold
identification and remediation.
(3) Basic health information as contained in existing mold
publications.
(4) A current list of contractors who are certified pursuant to
Section 17999.5 to engage in mold remediation work.
(b) All mold remediation standards 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.
(c) (1) The State Department of Health Services shall develop
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 distribute its public education materials
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
website.