Landmark Toxic Mold Legislation Draws Support From Local and National Advocates

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Landmark Toxic Mold Legislation Draws Support From Local and National

Advocates

Brockovich speaks in support of Senator Deborah Ortiz's (D-Sacramento)

Senate Bill 732.

State Senator Deborah Ortiz (D-Sacramento) has introduced the first

comprehensive legislation, Senate Bill 732, to address the significant

public health danger of toxic mold in residential and commercial buildings,

the first such statewide policy in the country.

At a recent Sacramento press conference, nationally recognized environmental

advocate Brockovich, along with representatives of homeowners and

consumers, were on hand to voice support for Ortiz's measure. Later that

day, Ms. Brockovich testified at a hearing of the Senate Health and Human

Services Committee.

Ms. Brockovich, her husband and three children are currently battling

mold-related illnesses due to their contaminated Agoura Hills home. Two

years after buying her home, she was constantly fatigued

and suffered from a range of respiratory problems and sinus infections. Her

9-year-old daughter had severe coughing spells and watery eyes.

" I began to put two and two together, " she said. " I have floors coming up.

Why? The house smelled musty. Why? Could there be a water problem? And then

I started thinking - water, mold, what's going on? I'm sick, " said

Brockovich.

Tests on the home revealed serious construction flaws and high levels of

several molds. Blood test results indicated a severe reaction to two of the

molds that showed up in the home.

Toxic molds have recently captured public attention and affect an increasing

number of Californians every day. Certain health effects, including those

related to allergic reactions like irritation of the eyes, nose, and throat,

dermatitis, exacerbation of asthma, and respiratory distress, have been

proven to be associated with mold exposure. Other reported effects such as

fever, flu-like symptoms, fatigue, respiratory dysfunction (including

coughing up blood), excessive and regular nose bleeds, dizziness, headaches,

vomiting, liver damage, and impaired or altered immune function have been

identified in persons who have been exposed to mold via inhalation.

Currently there are no laws or regulations that address mold problems or

require disclosure of its existence to a prospective tenant.

Senator Ortiz's legislation directs the Department of Health Services to

establish permissible mold exposure limits and set standards for identifying

and remediating molds. SB 732 would also define real estate disclosure

requirements and grant local agencies the authority to respond to mold

complaints.

Synopsis of SB 732 (Ortiz) - Toxic Mold

Standard for Identification and Remediation

Directs the Department of Health Services to adopt permissible exposure

limits for mold in indoor environments, based on the latest scientific data

and any existing standards by authoritative bodies.

Directs the Department of Health Services to adopt mold identification

standards for the environmental assessment of molds in indoor environments

based on the permissible levels of exposure, the latest scientific data,

common industry practices and any existing standards by authoritative

bodies.

Directs the Department of Health Services to adopt mold remediation, based

on permissible levels of exposure, the latest scientific data, common

industry practices and any existing standards by authoritative bodies.

Disclosure

Requires landlords and sellers or residential and commercial property to

provide written disclosure to potential tenants or buyers, identifying the

current presence or prior existence of mold and disclosing if it exceeds the

permissible exposure limit.

Authority

Authorizes the Department of Industrial Relations to respond to mold

complaints and grants the department responsibility to enforce standards in

the workplace. It would also amend the sub-standard housing code to include

the presence of molds and allows code enforcement officers to effectively

address concerns about molds.

Board and Certification

Directs the Department of Health Services to develop standards of education

and certification for mold-testing professionals and mold remediation

specialists.