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Mold Legislation



Federal Legislation

H.R.1268
Short Title: United States Toxic Mold Safety and Protection Act of 2003 ("The Melina Bill")
Official Title: To Amend the Toxic Substances Control Act, the Internal Revenue Code of 1986, the Public Buildings Act of 1959, to Protect Human Health from Toxic Mold, and for Other Purposes
Status: Proposed
( Bill information page at the THOMAS Federal legislative information system )

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

United States Toxic Mold Safety and Protection Act of 2003 or the Melina Bill - Directs: (1) the Centers for Disease Control, the Environmental Protection Agency (EPA), and the National Institutes of Health (NIH) to jointly study the health effects of indoor mold growth and toxic mold; (2) EPA to promulgate standards for preventing, detecting, and remediating indoor mold growth; and (3) EPA, NIH, and the Department of Housing and Urban Development (HUD) to sponsor related public education programs.

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:
AIHA: "Comments on the Toxic Mold Safety and Protection Act of 2003" (.pdf) (free "viewer")
AIHA:"AIHA Suggested Changes to the Toxic Mold Safety and Protection Act of 2003" (.pdf) (free "viewer")


Discussion of the Introduction of the Original Bill (5040):

Indoor Air Quality Association: http://www.iaqa.com/press_releases/Pr07122002.htm



State Legislation


California ( California Legislative Information site )

SB 662
Status: Enacted; Chapter 159, August 09, 2001 ( Senate Bill 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.
(4) Assessment of potential toxic contamination, including molds and other biological contaminants.

AB 284
Status: Enacted; Chapter 550, October 07, 2001 ( Assembly Bill 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
Status: Enacted; Chapter 584, October 07, 2001
( Senate Bill 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:
"A Review Of California’s Toxic Mold Protection Act"

 

Illinois ( Previous General Assemblies )

HB 3440
Status: Enacted; Effective July 1, 2001 ( Illinois Public Act 92-0008 )

An appropriations bill.
Section 18. The following named amounts...are reappropriated from the Build Illinois Bond Fund to the Capital Development Board for the Department of Veterans' Affairs... For upgrading HVAC systems and
removing fungi...

 

Maryland ( Prior Session Information )

SB 283
Status: Enacted;
Effective July 1, 2001; Abrogated July 31, 2002 ( Senate Bill 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
Status: Enacted; Approved June 14, 2001 (Nevada Revised Statute, Chapter 338, sec. 1906)
(2001 Statutes of Nevada, Page 2991) (Senate Bill No. 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
Status: Adopted; 2003 ( House Bill 329 Text )( Summary )
The "Texas Mold Assessment and Remediation Rules" bill.

Amendments to the "Texas Mold Assessment and Remediation Rules" Bill (TMARR)
HB 74, effective 05-24-05, amended Section 1958.155 of the Occupations Code to allow a license holder employed by a school district to conduct both assessment and remediation on a project for that school district.

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
Status: Adopted; November 28, 2001
Texas Department of Insurance Commissioner, Jose Montemayor, ordered changes that retain coverage for removal of mold, related to certain water damage, and provide options to purchase additional coverage.

Texas Department of Insurance document excerpt--
http://www.tdi.state.tx.us/orders/multi/co-01-110536.html

Texas Legislature online bill lookup--
http://www.legis.state.tx.us/BillLookup/BillNumber.aspx

Texas Mold Licensing Program--
http://www.dshs.state.tx.us/mold/default.shtm


 
 
 
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Commentary on the Web on Mold Legislation:
"United States: The Proliferation of Mold Contamination And Claims: States Have Responded With Legislation"

This page contains brief summaries of legislation that is often complex. Bye Bye Mold (TM) is not responsible for omissions or additions that may unintentionally change the meaning of the original statute. For precise legal definitions, please refer to individual bill text links or to your local federal or state government offices. Thank you for you patience.

 

TX section updated 08-10-07.

 
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