BILL ANALYSIS Ó SB 655 Page 1 Date of Hearing: August 19, 2015 ASSEMBLY COMMITTEE ON APPROPRIATIONS Jimmy Gomez, Chair SB 655 (Mitchell) - As Amended August 17, 2015 ----------------------------------------------------------------- |Policy |Housing and Community |Vote:|5 - 2 | |Committee: |Development | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | |-------------+-------------------------------+-----+-------------| | | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: YesReimbursable: No SUMMARY: This bill adds "visible mold growth" to the list of substandard housing conditions, as specified. Specifically, this bill: 1)Adds visible mold growth to the list of substandard housing SB 655 Page 2 conditions, as determined by a health officer or a code enforcement officer, excluding the presence of mold that is minor and found on surfaces that can accumulate moisture as part of their properly functioning and intended use. 2)Defines mold as microscopic organisms or fungi that can grow in damp conditions in the interior of a building. 3)Provides that an obligation does not arise under Civil Code to repair a dilapidation relating to the presence of mold until the lessor has notice of the dilapidation or the tenant is in violation of specific obligations. 4)Provides that a landlord may enter a dwelling unit to repair a dilapidation relating to the presence of mold provided the landlord complies with existing law related to entry of a tenant's dwelling unit. FISCAL EFFECT: 1)No new costs to the Department of Housing and Community Development. 2)Non-reimbursable mandated costs related to increased enforcement activity for substandard housing conditions. Local enforcement costs are not reimbursable and can be offset by local agencies' ability to charge fees. COMMENTS: SB 655 Page 3 1)Purpose. According to the author, "mold is not explicitly referenced in state code, causing local enforcement agencies to be uncertain about their authority to address this common complaint. This uncertainty leads to widely inconsistent enforcement approaches to mold across the state, ranging from taking no enforcement action to limiting enforcement to water-related issues that are identified in the code to, in a few places, enforcing mold issues as a general nuisance. Because of the growing evidence linking mold to adverse health impacts, state code needs to be updated to provide local enforcement agencies with clear authority to address mold complaints." SB 655 specifies that mold is a health and safety concern, and provides authority for code enforcement and for public officers to issue notices to require landlords and property owners to abate mold growth. 2)Background. Existing law, the State Housing Law, lists numerous conditions that require a building to be declared substandard, if the building contains dwelling units and the presence of the condition is a danger to the life, limb, health, property, safety, or welfare of occupants or the public. Inadequate sanitation is one of those conditions, which the law specifies includes 15 specified conditions, including dampness of habitable rooms and a lack or improper operation of required ventilation equipment. Each local jurisdiction's code enforcement department is generally responsible for inspecting buildings and determining whether a building is substandard. SB 655 Page 4 Since mold is not specifically listed as a substandard condition, jurisdictions across the state treat mold complaints differently, with some taking no enforcement action whatsoever. This bill is intended to provide local enforcement agencies the explicit authority to address mold complaints and eliminate unhealthy housing conditions related to the presence of mold. 3)Prior Legislation. a) SB 488 (Hueso), Chapter 89, Statutes of 2013, permits the determination of pest infestations and inadequate garbage storage and removal facilities to be made by a local code enforcement officer if an agreement for the services of a local health officer does not exist. b) SB 732 (Ortiz), Chapter 584, Statutes of 2001, requires the Department of Health Services, currently the Department of Public Health, to consider the feasibility of adopting permissible exposure limits to mold in indoor environments and to adopt such standards if feasible. Analysis Prepared by:Jennifer Swenson / APPR. / (916) 319-2081 SB 655 Page 5