The State of Mold Legislation Today

October, 2002

Several months ago, CM’s Special Report on Mold provided our clients and friends with information regarding developing legislation in response to the growing concerns caused by mold. Last year, only six states had initiated mold legislation. Today, the total number of states that have responded with mold legislation has doubled, and the United States House of Representatives has also followed suit with its own comprehensive mold resolution. Following is a brief review of new legislation as well as the present state of pending legislation we reported on in our inaugural Mold Report.

Federal Initiative

House Resolution 5040, The United States Toxic Mold Safety & Protection Act:

(pending) HR 5040 is multi-faceted legislation that:

Establishes research and public education programs through the EPA and HUD to develop guidelines regarding acceptable levels of mold, as well as guidelines to develop a certification program of mold remediators and inspectors.
Requires mold inspections for multi-unit residential property, for all property that is leased or purchased using government funds, and for all public housing. Requests that jurisdictions modify building codes to minimize mold hazards in new construction.
Authorizes grants for mold removal in public buildings.
Authorizes tax credits for inspection and/or remediation of mold hazards.
Creates a National Toxic Mold Insurance Program administered by FEMA to protect homeowners from catastrophic losses.
Enables states to provide medicaid coverage to mold victims who are unable to secure adequate health care.

Arizona

Senate Bill 1432:

(failed to pass) SB 1432 attempted to establish a joint legislative study committee on residential and commercial mold contamination.

California

On January 1, 2002, three legislative initiatives became law: AB 284, SB 662, and SB 732.

Assembly Bill 284:

Requires the California Research Bureau to coordinate with the State Department of Health Services to perform a study of and publish findings on fungal contamination in indoor environments.

Senate Bill 662:

Makes technical changes to provisions of California law that direct the State Air Resources Board to study environmental conditions, including toxic mold, of portable classrooms.

Senate Bill 732:

Mandates that the State Department of Health Services convene a task force comprised of rental property owners, insurers, builders, and building managers to advise the department on the development of standards for assessment of mold in indoor environments and for mold’s remediation. The State Department of Health Services is then responsible for public education about the effects of mold. SB 732 also requires that any person who sells, transfers, or rents residential, commercial or industrial real property, who has knowledge of the existence of mold, must disclose that information to the appropriate parties.

SB 1763:

(pending) Mold damage study would require the California Department of Insurance to conduct a study concerning mold and its impact on residential and commercial property owners and insurance companies in the State of California.

Assembly Bill 2684:

(pending) Would limit the liability of school districts for personal injury or wrongful death claims arising out of an individual’s exposure to toxic mold on school premises.

Connecticut

Senate Bill 1265:

(failed to pass) Would have required local and regional school boards, school personnel, and local health departments to evaluate, monitor, and improve indoor environmental quality in public schools.

Illinois

Senate Bill 2138:

(pending) Would enact the Toxic Mold Protection Act to develop a task force to evaluate the effects of mold.

Senate Resolution 317:

(pending) Would mandate that the Department of Public Health convene a task force to examine the adoption of guidelines to address the hazards of mold contamination in schools.

Indiana

House Bill 1253:

(failed to pass) Would have established the Mold Standards Study Committee.

Massachusetts

Senate Bill 2406:

(pending, Joint Rules Committee indicated that it will likely pass) Mandates the development of a task force to study the health risks associated with mold, and directs the Massachusetts State Department of Public Health to adopt permissible exposure limits for molds in indoor environments. Also instructs the Department to adopt mold identification and remediation guidelines. After standards are developed, requires all entities that own, lease or operate buildings in Massachusetts to provide notice of a condition that could cause mold growth.

Michigan

House Bills 6177-6179:

(pending) Three bill package that would require the Michigan Department of Community Health to establish a task force of experts to set standards on acceptable mold levels in buildings would require sellers of residential property and apartment buildings with up to four units to disclose information about toxic mold. Would also require a separate mold disclosure statement in addition to the general disclosure statement required during a real estate transaction; a buyer would then have 72 to 120 hours to back out of the transaction if the disclosure statement affirms the presence of mold.

Minnesota

Senate Bill S.F. 378:

(pending) An independent school district may include all unreimbursed costs associated with the discovery of mold in its health and safety plan, and a public school district must pursue all reasonable options to recover expenses from its insurance company, subcontractors, and any other parties responsible for damage caused by mold.

Nevada

Senate Bill 584:

(pending) Would authorize the issuance of bonds to finance capital improvements for toxic mold remediation and prevention.

New Jersey

Assembly Act 3933:

(pending) Would mandate that any purchaser or lessee of a residential dwelling unit be apprised of the existence of mold and receive a mold hazard evaluation report.

New York

Senate Bill 5799 & Assembly Bill 10610:

(pending) SB 5799 would enact the Toxic Mold Protection Act to create a task force on the development of mold standards. AB 10610 would amend the New York Public Health Law to include the provisions of the Toxic Mold Protection Act.

Pennsylvania

House Bill 2652:

(pending) Would change the Air Pollution Control Act to develop, implement and administer a program to examine and test indoor air quality of homes and buildings to determine the presence of toxic molds.

House Resolution 434:

(pending) Would encourage the Department of Health to develop a task force to investigate the health effects of toxic mold.

Senate Resolution 171:

(pending) Identical to HR 434.

Texas

House Bill 2007:

(pending) The Texas Board of Health would establish voluntary guidelines for indoor air quality and ventilation in schools. Also would establish mandatory indoor air quality guidelines for newly constructed or substantially renovated schools.

Senate Bill 861:

(pending) The Health & Safety Code would be amended so that the Texas Department of Health could conduct a statewide education program regarding the importance of, and ways to improve, indoor air quality in public schools.

Washington

Senate Bill 5933:

(pending) Would attempt to reduce in home exposure to carcinogens and allergens. Information regarding mold, allergens, carcinogens, etc., would be provided to all households in Washington.

Senate Concurrent Resolution 8426:

(pending) Recommends that Washington create a joint select committee on indoor mold contamination. •

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