(H & S Code
section 26100 et seq.)
SB
732 focuses on actions targeted at resolving problems related to buildings with
mold colonization. In part, it requires
DHS to:
·
Convene
a task force to advise DHS on the development of standards pursuant to Health
and Safety Code sections 26103, 26105, 16120 and 26130.
·
Adopt
standards to assess the health threat posed by the presence of mold; and to establish
guidelines for identification of mold, visible or hidden in an indoor
environment, and for the remediation of mold.
The
2002 budget trailer bill (AB 442) provides that DHS may receive and utilize
voluntary donations into the Public Health Protection from Indoor Mold Hazards
Fund created in the State Treasury (Fund).
These funds are to support DHS 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 in SB 732.
DHS
proposes to implement this work plan provided sufficient donations are made to
the Fund. It anticipates a need for
$964,000 to operate its two phases of overlapping tasks covering a 2.5 year
period. Although the plan utilizes the
task force as advisory, as required by SB 732, and proposes contract staff and
consultants to implement some of its tasks, this plan is not dependent upon the
source(s) of voluntary donations for direction.
Future
phases will depend upon the results of phases I and II, advice from the Task
Force, and available funding. The Task
Force may identify areas for work or research to be completed in the future. The Task Force will advise DHS on the
selection of specific projects such as surveys of the prevalence of indoor mold
problems; validation of mold testing technologies (for example, PCR or
mycotoxin assays); or feasibility study on research needed to resolve
controversy concerning more serious and rare health problems alleged to result
from mold exposure.
At
all times, contractors will be selected pursuant to the Public Contract Code
and any extant Executive Orders and Management Memoranda.
Task 1 DHS Staff advises DHS Director in appointing and convening
task force.
Staffing DHS staff
Time 6
months; February July 2003
Task 2a DHS requests specific data from the insurance
industry regarding mold-related claims to determine (a) the incidence of such
claims in California and (b) the geographic distribution and other
characteristics of mold related claims.
Task 2b DHS analyzes the mold-related claims information
to assist in development of educational messages and examine the need for
additional policy or regulatory action.
Staffing contract staff to be hired to work under
the direction of DHS staff.
Time (hire contract staff) 1 month; March 2003
(data gathering) 1-2 months;
April June 2003
(analysis)
1-2 months June July 2003
Task 3 DHS drafts regulatory proposals on SB
732-mandated topics and on primary prevention proposals related to building
construction and maintenance with input from Task Force.
Staffing - Contract staff to be hired to work under
the direction of DHS staff.
Time 7 months; June 2003 January 2004
Task 4 Draft report which includes consensus
recommendations for regulation, areas of disagreement and areas requiring
further information.
Staffing - contract staff to be hired to work under
the direction of DHS staff.
Time 3 months; December 2003 February 2004
Task 5 Draft and promulgate regulations on consensus
items.
Staffing DHS staff
Time 12-18 months; February 2004 February 2005
Task 6 Prepare and conduct training sessions for local
health and code enforcement officials.
Staffing Contract staff to be hired to work under
the direction of DHS staff.
Time Ongoing; Begin August 2004
The completion time for
each of these tasks is dependent on the availability of funding through
voluntary public contributions to the Public Health Protection from Indoor Mold
Hazards Fund. Delays may occur if
contributions do not cover projected costs or if administrative processes are
delayed.