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.
   (b) "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.
   (c) "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.
   (b) 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.
   (c) 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.
   (b) 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.
   (c) 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 (b) 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.
   (b) 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.
   (c) 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.
   (b) 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.
   (c) At least once every five years, after adoption of assessment
standards for molds, the department shall review the adopted
standards and shall, consistent with the criteria set forth in
subdivisions (a), (b), and (c) 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.
   (b) 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 (b) 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.
   (c) The department shall not require a commercial, industrial, or
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), (b), and (c)
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.

   (b) 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.
   (c) 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 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.
   (b) 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 (b) 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.
   (c) The department shall not require a commercial, industrial, or
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), (b), and (c)
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.
   (b) 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.
   (c) 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.
   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.
   (b) 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.
   (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 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 (b), (c), 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), (b), and
(c) of Section 26103 or poses a health threat, according to the
department's guidelines as developed pursuant to Section 26105.
   (b) 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.
   (c) A commercial or industrial real property 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 (b) 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 (c), (d), and (e), commercial
and industrial landlords shall provide written disclosure to
prospective and current tenants of the affected units as specified in
subdivision (b), 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 (b) of Section 26103 or
poses a health threat according to the department's guidelines as
developed pursuant to Section 26105.
   (b) 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.
   (c) A commercial and industrial 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.
   (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 (b) 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 (b) 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 (b) of Section
26103, or poses a health threat according to the department's
guidelines developed pursuant to Section 26105.
   (b) 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.
   (c) A public entity shall be exempt from providing written
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 (b), (d), and (e), residential
landlords shall provide written disclosure to prospective and
current tenants of the affected units as specified in subdivision (b)
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), (b), and (c) of Section 26103 or poses a health threat according
to the department's guidelines as developed pursuant to Section
26105.
   (b) 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 (b) of
Section 26103.
   (c) The written disclosure required by subdivision (a) shall be
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.
   (b) The requirements of this section shall be provided to
prospective residential tenants prior to entering the rental or lease
agreement.
   (c) 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 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.
   (b) 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.
   (b) 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), (b), and (c) of Section 26103 and subdivisions (a),
(b), and (c) 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.