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Federal Legislation H.R.1268
This Bill is proposed by United States Representative John Conyers, Jr. of Michigan. The Bill's impetus (and name) originates from the horrendous experience of one of Congressman Conyers' own staff members, Pam Walker. Her nine-year-old daughter, Melina, lost 70 percent of her lung capacity shortly after the family moved into a house infested with high levels of the mold Stachybotrys sp. Major Provisions of the
Bill Directs: (1) rental property lessors to conduct annual indoor mold inspections and notify the occupants of such results; and (2) the Secretary of HUD and the Administrator of EPA to promulgate mold hazard disclosure regulations with respect to housing offered for sale or lease. Directs the Secretary to: (1) establish, with respect to indoor mold in public housing, inspection requirements for existing housing and construction standards for new housing; and (2) establish model construction standards and techniques for mold prevention in new buildings. Establishes an indoor/toxic mold inspection requirement with respect to federally made or insured mortgages. Amends the National Cooperative Research and Production Act of 1993 to provide for industry standards development with respect to building products that are designed to retard mold development. Directs the Administrator of EPA to make grants to States and local governments for mold growth remediation efforts in buildings owned or leased by such governments, including schools and multifamily dwellings. Amends the Internal Revenue Code to allow an annual tax credit for 60 percent of non-reimbursed mold inspection and remediation expenses ($50,000 annual maximum) paid or incurred by a taxpayer. Requires the Director of the Federal Emergency Management Agency to: (1) establish and carry out a toxic mold insurance program, with priority for one-to-four-family residential properties; and (2) establish in the Treasury a National Toxic Mold Hazard Insurance Fund. Authorizes the Director to assist qualifying insurers to form a federally-assisted toxic mold hazard insurance pool. Provides for Federal operation of such program under specified circumstances. Authorizes State waiver of income,
resource, and other Medicaid requirements for an individual
whose health has been adversely affected by toxic mold
exposure, and who lacks adequate medical insurance
coverage.
Commentary on the Web on H.R. 1268:
State Legislation California ( California Legislative Information site ) SB
662
This code maintenance bill provides, among other things: 39619.6. (a) By June 30, 2002, the state
board and the State Department of Health Services, in
consultation with the State Department of Education, the
Department of General Services, and the Office of
Environmental Health Hazard Assessment, shall conduct a
comprehensive study and review of the environmental health
conditions in portable classrooms, as defined in
subdivision (k) of Section 17070.15 of the Education Code.
AB 284
This bill requires, among other things, that the California Research Bureau, which is part of the California State Library, in consultation with the State Department of Health Services, perform a study of, and publish findings on, fungal contamination in indoor environments. SB 732
This bill has been enacted as the California Toxic Mold Protection Act of 2001. Among other things, the bill requires the State Department of Health Services and their special task force to: •conduct studies to arrive, if feasible, at permissible exposure limits to mold to avoid adverse effects on health on the general public. •to develop and adopt standards for the assessment of the health threat posed by the presence of molds, both visible and invisible or hidden, in indoor environments. •to develop and adopt guidelines for the identification and the remediation of toxic molds. Additionally: •The bill provides for specific protocol to allow the public to be involved in the process to determine permissible exposure limits to mold, guidelines for identification and remediation of mold, and the guidelines for the assessment of molds. •This bill requires the department to develop public education materials and resources to inform the public about the health effects of molds, methods of prevention, methods of identification and remediation of mold growth, and contact information to organizations or governmental entities to assist public concerns. •Approximately six months after the department adopts the requisite standards and guidelines, the bill requires real estate (structure) owners, sellers, transferors, and leasers to provide a written disclosure to potential buyers, prospective tenants, renters, landlords, or occupants of any chronic water intrusion or flood condition, or of mold that is known to exceed the permissible exposure limits or poses a health threat. This bill would not require a landlord, owner, seller, or transferor to conduct air or surface tests to determine whether the presence of molds exceeds the permissible exposure limits; nor would disclosure be required if the mold is remediated according to department guidelines. Commentary on the Web
on SB 732:
Illinois ( Previous General Assemblies ) HB 3440
Maryland ( Prior Session Information ) SB 283
A bill for the purpose of establishing, for a limited time, a task force to study the nature, location, and extent of health and environmental risks posed to workers as a result of molds, spores, and other toxic organisms located in the HVAC systems of office buildings. A final report will include, among other things, recommendations for appropriate remedies, both physical and legislative.
Nevada ( Nevada Legislature ) ( Nevada's Glossary of Legislative Expressions ) SB
584
An act relating to projects of capital improvement that, among other things, appropriates funds for the Department of Human Resources that are to be used for mold remediation and prevention.
Texas HB 329
Amendments to the "Texas Mold
Assessment and Remediation Rules" Bill (TMARR)
HB 1328, effective 05-24-05, concerns the Certificate of Mold Remediation (CMR), and amended Section 1958.154(b) of the Occupations Code to say that a property owner must provide to a prospective buyer a copy of any CMRs issued for the property within five years preceding the sale of the property. This bill also made a slight change to Section 3, Art. 21.21-11 of the Insurance Code: the CMR now indicates the underlying cause of the mold has been remediated "with reasonable certainty." HB 2746, effective 09-01-05, changed the passing score for the state mold licensing exam from 80% to 70%. This change only affects those people taking the exam after 09-01-05, and does not affect any prior exam scores. Texas Homeowners Insurance Policy Restructuring
Texas
Legislature online bill lookup--
Texas Mold
Licensing Program--
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