BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 655|
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THIRD READING
Bill No: SB 655
Author: Mitchell (D)
Amended: 4/14/15
Vote: 21
SENATE TRANS. & HOUSING COMMITTEE: 7-0, 4/21/15
AYES: Beall, Allen, Leyva, McGuire, Mendoza, Roth, Wieckowski
NO VOTE RECORDED: Cannella, Bates, Gaines, Galgiani
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
SUBJECT: Housing standards: mold
SOURCE: California Association of Code Enforcement Officers
Regional Asthma Management and Prevention
DIGEST: This bill adds visible or otherwise demonstrable mold
growth, except mold caused by inappropriate housekeeping
practice or improper ventilation, to a list of substandard
housing conditions.
ANALYSIS:
Existing law:
1)Lists various conditions that, if they exist in a building
containing dwelling units to an extent that there is a danger
to health and safety to the public or occupants of the
building, require the building be declared substandard. These
include:
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Lack of or improper water closet, lavatory, bathtub, or
shower in a dwelling unit
Lack of or improper kitchen sink
Lack of hot and cold running water to plumbing fixtures
in a dwelling unit
Lack of adequate heating
Lack of or improper operation of required ventilating
equipment
Lack of minimum amounts of natural light and ventilation
required by existing law
Dampness of habitable rooms
Infestation of insects, vermin, or rodents as determined
by a health officer or, if an agreement does not exist with
an agency that has a health officer, the infestation can be
determined by a code enforcement officer upon successful
completion of a course of study in the appropriate subject
matter as determined by the local jurisdiction
General dilapidation or improper maintenance
Lack of connection of adequate garbage and rubbish
storage and removal facilities, as determined by a health
officer or, if an agreement does not exist with an agency
that has a health officer, the lack of adequate garbage and
rubbish removal facilities that can be determined by a code
enforcement officer
This bill:
1)Adds to the list of substandard housing conditions visible or
otherwise demonstrable mold growth, excluding the presence of
mold which is caused by inadequate housekeeping practices or
failure to use natural or mechanical ventilation.
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2)Defines mold as microscopic organisms or fungi that can grow
in damp conditions in the interior of a building.
Comments
Purpose. According to the author, indoor mold growth in homes
is one of the most common housing complaints received by
tenants' rights groups, legal aid organizations, and code
enforcement agencies across the state. Data on moldy conditions
in housing is scarce, however. Since dampness is required for
mold growth, data regarding dampness in the home is the closest
approximation of the mold problem in California. Scientific
evidence on the adverse impacts to exposure to mold has become
increasingly clear that exposure to moisture damage and mold,
particularly early in life, is linked to health problems such as
asthma. Furthermore, data suggests that mold is a significant
problem in California, especially for renters in low-income
communities and communities of color. Mold is not explicitly
referenced in existing law, causing local code enforcement
agencies to be uncertain about their authority to require mold
remediation. This bill will give local enforcement agencies the
explicit authority to address mold complaints and eliminate
unhealthy housing conditions.
Statement from the California Department of Public Health. In
2001, the Toxic Mold Protection Act (SB 732, Ortiz, Chapter 584)
required the California Department of Public Health (CDPH),
formerly the Department of Health Services, to determine the
feasibility of setting Permissible Exposure Limits (PELs) for
mold in indoor environments. In its 2005 report to the
Legislature, the CDPH concluded that "sound, science-based PELs
for indoor molds cannot be established at this time."
In 2011, the CDPH released a "Statement on Building Dampness,
Mold, and Health." In that statement, the CDPH stated:
"While PELs remain elusive, mounting scientific evidence on
dampness and mold, much of it published since 2005, supports an
alternative, evidence-based approach to the assessment of health
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risks from indoor dampness and mold. Human health studies have
led to a consensus among scientists and medical experts that the
presence in buildings of (a) visible water damage, (b) damp
materials, (c) visible mold, or (d) mold odor indicates an
increased risk of respiratory disease for occupants. Known
health risks include: the development of asthma, allergies, and
respiratory infections; the triggering of asthma attacks; and
increased wheeze, cough, difficulty breathing, and other
symptoms. Available information suggests that children are more
sensitive to dampness and mold than adults."
The statement also notes that consensus does not justify a
differentiation of some molds as "toxic molds." The only
evidence that is "related consistently to adverse health effects
are: the presence of current or past water damage, damp
materials, visible mold, and mold odor, not the number or type
of mold spores, nor the presence of other markers of mold in
indoor air or dust."
The CDPH concludes that the presence of water dampness, visible
mold, or mold odor in schools, workplaces, residences, and other
environments is unhealthy. The CDPH therefore recommends
addressing water damage, dampness, visible mold, and mold odor
by (a) identifying and correcting the source of water that may
allow microbial growth or contribute to other problems, (b) the
rapid drying or removal of damp materials, and (c) the cleaning
or removal of mold and moldy materials as rapidly and safely as
possible, to protect the health and well-being of building
occupants, especially children.
Demystifying fuzzy local code enforcement authority. When
renters experience mold growth, they often contact their local
code enforcement or other public entity to perform an
inspection. Code enforcement and public officers refer to the
conditions in existing law to determine whether a landlord or
property owner is required to make an improvement or repair.
Generally, if a code enforcement officer determines there is a
code violation, the officer will issue the landlord or property
owner a "notice to repair," which provides the landlord or
property owner a reasonable amount of time to make the
correction. Mold is not presently enumerated in the Health and
Safety Code, and jurisdictions across the state treat complaints
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about mold differently. Some local code enforcement entities
will issue notices for water intrusion (e.g., faulty windows or
doors, roof and sink leaks, dampness of rooms) as the underlying
condition causing the mold because those conditions are listed
in the code. Others, however, will also require landlords and
property owners to clean and remove mold.
This bill provides clear guidance to local code enforcement and
other public officers that mold growth is a health and safety
concern and provides them with the authority to issue notices to
require landlords and property owners to abate mold growth.
Additionally, this bill differentiates between mold growth that
can be avoided when a resident utilizes adequate housekeeping
practices or ventilation and mold growth that results from other
conditions.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified5/4/15)
California Association of Code Enforcement Officers (co-source)
Regional Asthma Management and Prevention (co-source)
California Pan-Ethnic Health Network
California Rural Legal Assistance Foundation
Causa Justa/Just Cause
Coalition for Economic Survival
Esperanza Community Housing Corporation
Healthy Homes Collaborative
Inquilinos Unidos/United Tenants
Koreatown Immigrant Workers Alliance
Long Beach Alliance for Children with Asthma
Pacoima Beautiful
San Francisco Asthma Task Force
Society for Allergy Friendly Environmental Gardening
Western Center on Law and Poverty
OPPOSITION: (Verified5/4/15)
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Apartment Association of Greater Los Angeles
Apartment Association, California Southern Cities
Apartment Association of Orange County
California Apartment Association
California Association of Realtors
California Legislative Action Committee
California Professional Association of Specialty Contractors
East Bay Rental Housing Association
Nor Cal Rental Property Association
North Valley Property Owners Association
San Diego County Apartment Association
Santa Barbara Rental Property Association
ARGUMENTS IN SUPPORT: The sponsors of this bill, Regional
Asthma Management and Prevention and California Code Enforcement
Officers, cite a 2014 report for the California Breathing Asthma
Program by the CDPH. That report estimated that 12.2% of
Californians reported recurring or continual dampness in their
home in the past year. Mold is not explicitly referenced in
existing law, causing local code enforcement agencies to be
uncertain about their authority to require mold remediation.
This uncertainty leads to inconsistent attention to mold
complaints in California. Some jurisdictions take no
enforcement action, while others limit enforcement to the
underlying water-related issues enumerated in statute. Finally,
some jurisdictions require landlords and property owners to
remediate mold. Because of the growing evidence linking mold to
adverse health impacts, this bill will update state code needs
to provide local enforcement agencies with clear authority to
address mold complaints.
ARGUMENTS IN OPPOSITION: Opponents argue that this bill does
not present a workable standard for code enforcement or for
property owners who want to stay in compliance with the law.
They also argue that the current definition of substandard
housing already includes dampness of habitable rooms, which is
the conduit for mold growth. Given that conditions related to
general dilapidation, improper maintenance, and anything
injurious to health already exists in law, the inclusion of mold
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in the code is unnecessary and unreasonable.
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
5/6/15 16:49:54
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