BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 655|
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UNFINISHED BUSINESS
Bill No: SB 655
Author: Mitchell (D)
Amended: 8/17/15
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
SENATE FLOOR: 22-13, 6/1/15
AYES: Allen, Beall, Block, De León, Hancock, Hernandez, Hill,
Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza,
Mitchell, Monning, Pan, Pavley, Roth, Wieckowski, Wolk
NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff,
Moorlach, Morrell, Nguyen, Nielsen, Runner, Stone, Vidak
NO VOTE RECORDED: Cannella, Galgiani, Glazer, Hall, Hertzberg
ASSEMBLY FLOOR: 44-28, 9/2/15 - See last page for vote
SUBJECT: Housing standards: mold
SOURCE: California Association of Code Enforcement Officers
Regional Asthma Management and Prevention
DIGEST: This bill adds visible mold growth, 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, to a list of substandard housing conditions.
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Assembly Amendments provide that a lessor is not required to
remediate mold unless the lessor has notice of the mold and
permit a landlord to enter a dwelling unit to repair a
dilapidation relating to the presence of mold. Amendments also
clarify that this bill does not apply to mold that is minor and
found on surfaces that can accumulate moisture as part of their
properly functioning and intended use.
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:
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
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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 visible mold growth, 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, to a list of substandard housing conditions.
2)Provides that a lessor is not required to remediate mold
unless the lessor has notice of the mold or if the tenant is
in violation of specific affirmative obligations.
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3)Permit a landlord to enter a dwelling unit to repair a
dilapidation relating to the presence of mold, provided the
landlord complies with specific conditions.
4)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 of 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."
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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
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
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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
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 the presence of
mold that is minor and found on surfaces that can accumulate
moisture as part of their properly functioning and intended use
and mold growth that results from dilapidation. It also
provides that a lessor is not required to remediate mold unless
the lessor has notice of the mold or if the tenant is in
violation of specific affirmative obligations.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
SUPPORT: (Verified9/2/15)
California Association of Code Enforcement Officers (co-source)
Regional Asthma Management & Prevention (co-source)
Alameda County Supervisor Wilma Chan
American Lung Association
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California Pan-Ethnic Health Network
Cardno, Inc.
Center for California Homeowner Association Law
City of Emeryville
East Bay Community Law Center
Esperanza Community Housing
Healthy Homes Collaborative
Housing California
Inquilinos Unidos/United Tenants
Koreatown Immigrant Workers Alliance
Pacoima Beautiful
San Francisco Asthma Task Force
Society for Allergy Friendly Environment Gardening
St. John's Well Child and Family Center
OPPOSITION: (Verified9/2/15)
Apartment Association, California Southern Cities
Apartment Association of Greater Los Angeles
Apartment Association of Orange County
California Housing Alliance
California Professional Association of Specialty Contractors
Community Associations Institute
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 sources of this bill, Regional Asthma
Management & 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
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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
in the code is unnecessary and unreasonable.
ASSEMBLY FLOOR: 44-28, 9/2/15
AYES: Bloom, Bonilla, Bonta, Brown, Burke, Campos, Chau, Chiu,
Chu, Cooley, Dababneh, Dodd, Eggman, Frazier, Eduardo Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández,
Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty,
Medina, Mullin, Nazarian, Perea, Quirk, Rendon, Ridley-Thomas,
Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams,
Wood, Atkins
NOES: Achadjian, Travis Allen, Baker, Bigelow, Brough, Chang,
Chávez, Dahle, Beth Gaines, Gallagher, Grove, Hadley, Harper,
Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes,
Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner,
Waldron, Wilk
NO VOTE RECORDED: Alejo, Calderon, Cooper, Daly, Cristina
Garcia, Gray, O'Donnell, Rodriguez
Prepared by:Alison Dinmore / T. & H. / (916) 651-4121
9/2/15 18:46:22
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