Assembly
To Hear Construction Defect, Mold Bills The bill requires homeowners in new developments to purchase a 10-year warranty on construction, thereby disallowing them from any other legal right to sue the developer, contractor or builder. Residents from California Renaissance Homes in Aliso Viejo are involved in two lawsuits against the builder, Kaufman & Broad, now named K&B Homes, alleging structural defects resulting in toxic mold. A group from this tract will travel to Sacramento on May 8 with their attorney for the hearing, hoping that help may be on the way. Two more bills are also scheduled to be heard that day. Assembly Bill 284 is currently in committee, for environmental safety and toxic materials. Authored by Hannah-Beth Jackson, Democrat from the 35th district, this bill would establish a program at the State Department of Health Services to address the public health threats of mold. It would design a method of monitoring the criteria, and an education program with Web-based education materials; organize Web-based discussions to survey health officers for complaints regarding mold, and enable the department to convene a series of workshops to assist environmental health officers, school officials, and others to provide a practical basis for preventing and protecting against the health threats of mold. Related to this bill are AB 178, authored by Assemblyman Dave Cox, Republican from the 5th district, which would require that a landlord disclose to tenants the presence of toxic mold within a dwelling which is potentially harmful to the health of the occupant and Senate Bill 732 which would enact the Toxic Mold Protection Act, that would require the Public Health Department to set standards for the identification and remediation of toxic molds, conduct medical studies, and provide tenant disclosure. Local opponents of AB 178 say it doesn't address the landlord's requirement to inform prospective tenants of mold problems in heating and air-conditioning systems, and limits the mold obversation to that which is clearly visible. It also doesn't require a landlord to inform current tenants of such problems. SB 732, authored by Senator Diane Ortiz, Democrat from the 6th Senatorial District, seeks to standardize criteria for exposure, identification and remediation of molds. This bill authorizes the State Public Health Department to enforce such standards.
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