SB 732 (Toxic Mold Protection Act of 2001)
Implementation Update
August 6, 2002
Taken from Department of Health Services

Many people have contacted the California Department of Health Services (DHS) asking about the status of implementation of the Toxic Mold Protection Act of 2001 (SB 732). This new statute charges DHS, assisted by a task force of volunteer stakeholders, to undertake a series of complex tasks. These include the development of new standards or guidelines to:

•       assess the health threat posed by the presence of indoor molds,
•       determine valid methods for fungal sampling and identification,
•       provide practical guidance for mold removal and abatement of water intrusion,
•       disclose the presence of mold growth in real property at rental or sale, and
•       assess the need for standards for mold assessment and remediation professionals.

However, the implementation of this statute depends on the provision of funding to accomplish the tasks listed above. At this time there is no money in the state 2002-2003 budget to provide for these activities. However, the budget trailer bill (AB 442, section 5.5), if passed during the 2002 legislative session and signed by the governor, would create the “Public Health Protection from Indoor Mold Hazards Fund”. This fund would accept voluntary contributions from anyone or any entity that wished to contribute to support DHS indoor mold-related activities, including, but not limited to, those specified in SB 732. The text creating this fund is provided below. The full text of AB 442 can be accessed through www.leginfo.ca.gov.

SEC. 5.5.   Section 26157 is added to the Health and Safety Code, to read:
   26157.   (a) The department may receive voluntary contributions to support the department's activities in providing guidance, developing standards and guidelines and permissible exposure limits, and adopting regulations relating to indoor mold hazards, including, but not limited to, duties included under this chapter.
   (b) The contributions shall be deposited in the Public Health Protection from Indoor Mold Hazards Fund, which is hereby created in the State Treasury. Notwithstanding Section 13340 of the Government Code, moneys in the fund shall be continuously appropriated to the department without regard to fiscal years and shall be used to support the department's activities in providing guidance, developing standards and guidelines and permissible exposure limits, and adopting regulations relating to indoor mold hazards, including, but not limited to, duties included under this chapter to the extent that funding is available.

Department of Health Services staff are currently collecting contact information for individuals and group representatives who have expressed an interest in serving on the task force, and are developing a database to use for future communications. As of August 6, 2002, there are 133 individuals who have volunteered for the task force. If funding becomes available to convene this group, we will contact those on our volunteer list regarding the process that will be developed to choose those who will serve on the task force.

Anyone wishing to volunteer to serve may send his or hercontact information (name, mailing address, email address, phone number, fax number) to dpaniagu@dhs.ca.gov.  Please indicate any professional affiliation or whether you are a member of a group whose participation on the task force is required by SB 732 ( such as homeowners, residential tenants, or others – see SB 732 Section 27101.7 for the complete list).

SB 732 also requires DHS to develop public education materials and resources with information about mold health effects, cleanup/removal methods and prevention techniques. DHS staff routinely review, update and supplement mold documents and links on this website (www.cal-iaq.org//iaqsheet.htm#Mold) to supply reader with reliable information on these topics.