October 8, 2001 - Sacramento - California will become the first state in the nation to require disclosure of the presence of mold in buildings and to develop a framework to determine the toxicity under two bills signed by Gov. Gray Davis over the weekend.
"Significant and powerful interest could have killed this bill," said Sen. Deborah Ortiz, the author of one bill, SB732. "We compromised quite a bit, but we worked on the legislation to get a pretty decent product. We're the first state in the country that has enacted a comprehensiv, fairly substantial framework to address all of the implications of mold in health, real estate and tenant agreements."
Ortiz's bill directs the state Department of Health Services to develop standards, if possible, or guidelines for permissible levels of mold. The law also requires disclosure of mold in residential and commercial buildings, to provide buyers and tenants with warnings of its presence.
Toxic mold has been linked to a variety of illnesses ranging from asthma -- a growing national health concern -- to fatigue, bleeding, and even death, although reactions vary according to exposure and the susceptability of individuals.
Hundreds of kinds of mold exist, and they are difficult to measure. The bill asks the health department to appoint a task force that will bring together scientists and health officers over a two-year period to determine whether guidelines can be established.
The bill also directs the state to develop educational material to inform the public of the dangers of mold while the standards are being formed.
"For tenants, it's really important to develop standards for families who have to move out and don't have a lot of money to replace furniture and clothes that are no longer of value," Ortiz said. "With cases of construction defects, you're seeing more and more of those. If we can prevent some litigation by these means, that a good strong option for those injured by mold's presence."
Alexander Robertson, an attorney with Knopfler & Robertson of Woodland Hills, which specializes in construction-defect litigation involving mold, said he believes the new law will reduce litigation.
Because no standards exist, judges have to decide whether to admit or bar expert testimony on the proper techniques of assessing mold and abating it, Robertson said.
"Right now, we've had a lot of ambiguity on what is the standard of care and what's acceptable and not acceptable, and that is why we needed this law," Robertson said. "This bill authorizes local government agencies to enforce the provisions, encluding disclosure requirements. When a landlord is repeatedly leasing moldy apartments, it will force him to clean it up and will make it unnecessary for tenants to file suit."
Robertson represents about 250 employees of Tulare County who allegedly became ill from mold that contaminated three courthouses.
Gov. Davis also signed AB284 by Assemblywoman Hannah-Beth Jackson, D-Santa Barbara, which requires the state to study fungal contamination.
Linda Rappatoni's email address is linda_rapattoni@dailyjournal.com.
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