BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                     SB 655  


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          Date of Hearing:  August 19, 2015


                        ASSEMBLY COMMITTEE ON APPROPRIATIONS


                                 Jimmy Gomez, Chair


          SB 655  
          (Mitchell) - As Amended August 17, 2015


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          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  








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            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:








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          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.










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            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









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