Liz Ortega

Existing law requires that specified disclosures be made upon any transfer by sale, exchange, real property sales contract, lease with an option to purchase, any other option to purchase, or ground lease coupled with improvements, of any single-family residential property.

This bill would make it the sole responsibility of a seller of a single-family residential property who has actual knowledge of the existence of any residue from smoking tobacco or nicotine products, as defined, or any history of occupants smoking tobacco or nicotine products on the property, as specified, to disclose that knowledge to the buyer in writing.

Existing law requires the Department of Real Estate to develop a booklet to educate and inform consumers on, among other things, common environmental hazards that are located on, and affect, real property, and requires the Department of Toxic Substances Control to publish and distribute the booklet to the public upon request, as specified. Existing law also requires the Department of Toxic Substances Control to publish a new edition of the booklet and requires that this new edition be in substantial compliance with certain federal disclosure requirements regarding the safe management of lead and radon gas in housing, as provided.

This bill would require the Department of Toxic Substances Control to update the above-described booklet to include a new section on thirdhand smoke. To offset costs, the bill would require the Department of Toxic Substances to delegate the responsibility for the update to the Center for Tobacco and the Environment at San Diego State University, as specified. The bill would require the department to review the proposed update to ensure it adequately educates and informs consumers on specified matters relating to thirdhand smoke as a common environmental hazard.