Legislation

The following chart sets forth a sample of state regulation that potentially impacts the mold prevention and abatement industry. The following table does not purport to include all toxic mold bills that may have been introduced across the country.

State Bill# Bill description Bill status
Illinois HJR 12 Creates a Joint Task Force on mold in indoor environments to examine the mold issue and make recommendations to the General Assembly pertaining to the regulation of mold in indoor environments. Resolution passed 6/1/03.
Louisiana HB 1328 Licenses persons who perform mold assessment and mold remediation services. Governor signed 7/1/03. Effective 8/15/03.
Louisiana HB 1681 Requires the Louisiana Real Estate Commission to produce a mold information pamphlet to be distributed by realtors to homebuyers by July 1, 2004. Governor signed. Effective 7/2/03.
Massachusetts SB 657 Authorizes the study of the health effects from indoor exposure to toxic mold. Public hearing 7/16/03.
Montana SB 657 This law permits, but does not require, a seller, landlord, seller’s agent, buyer’s agent or property manager to provide a mold disclosure statement on at least one document, form, or application executed prior to or contemporaneously with an offer for the purchase and sale, rental, or lease of inhabitable real property. Governor signed. Law effective 5/5/03.
Oklahoma HCR 1011 Creates a joint task force on mold and mold remediation. Adopted 5/23/03.
Oregon SB 557 Modifies a seller’s obligation to disclose information about real property to a prospective buyer to include disclosures related to mold and health-related problems potentially related to mold. Referred to Senate Committee on Business and Labor 2/26. Legislature adjourned 8/27.
Oregon SB 562 Requires persons selling property to disclose knowledge of health problems related to mold or other contaminants experienced while residing on the property and any testing for mold or other contaminants conducted on the property. Referred to the Senate Committee on Business and Labor on 2/26. Legislature adjourned 8/27.
Pennslyvania HB 1187 Requires the Department of Health to establish a task force on mold. Referred to the House Committee on Health and Human Services on 4/16.
Rhode Island SB 983 Creates a Senate commission to study the health effects of toxic mold. Resolution passed.
Texas HB 329 Relates to the regulation of mold assessors and remediators; providing civil and administrative penalties. Governor signed 6/11. Effective immediately.

At the federal level, U.S. Rep. John Conyers (D-Mich.) introduced the "United States Toxic Mold Safety and Protection Act of 2005 (the Melina Bill)." The bill may create a national mold insurance program. In addition, it would require research on the health effects of mold, establishment of exposure levels, creation of guidelines to prevent mold contamination and to address mold inspections, testing and remediation, and guidelines to certify mold inspectors and remediators and mold inspections for certain properties.

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