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