Brief Summary of Legislative Counsel’s Digest

SB 732, Ortiz. Toxic mold. Enacted into law October 2001.

This bill enacted the Toxic Mold Protection Act of 2001. The bill requires the State of California, Department of Health Services, to convene a task force to advise the department on the development of permissible exposure limits to mold, standards for assessment of molds in indoor environments as well as alternative standards for hospitals, child care facilities, and nursing homes, standards for identification, and remediation of mold.

SB732 requires the department to consider the feasibility of adopting permissible exposure limit (PELs) to molds in indoor environments. If it is determined to be feasible, the department is required to adopt, in consultation with the task force, permissible exposure limits to mold for indoor environments that avoid adverse health effects. DHS is required to report its progress on developing the permissible exposure limits for identification and the remediation of toxic molds.

This bill also requires the department of Health Services to develop and adopt standards for the assessment of the health threat posed by the presence of molds, both visible and invisible or hidden, in indoor environments.

SB732 requires the department to develop public education materials and resources to inform the public about the health effects of molds, methods of prevention, methods of identification and remediation of mold growth, and contact information to organizations or governmental entities to assist public concerns.

This bill, except under specified circumstances, also requires that any person who sells, transfers, or rents residential, commercial, or industrial real property or a public entity that owns, leases or operates a building who knows, or in specified instances has reasonable cause to believe, that mold is present that affects the unit or building, and the mold exceeds the permissible exposure limits to molds, would be required to provide a written disclosure to potential buyers, prospective tenants, renters, landlords, or occupants of the mold conditions. However, this bill would not require a landlord, owner, seller, or transferor to conduct air or permissible exposure limits or for mold remediation.

These disclosure duties and requirements would not apply until the January 1 or July 1 that occurs at least 6 months after the department adopts the requisite standards, and guidelines, as provided in the bill.

This bill authorized the enforcement of all conditions of this bill, including the disclosure provisions, by designated enforcement officers.