HB4593 93RD GENERAL ASSEMBLY

LRB093 14773 DRJ 41519 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4593

Introduced 02/04/04, by Robert Rita

SYNOPSIS AS INTRODUCED:

New Act

Creates the Toxic and Pathogenic Mold Protection Act. Requires the Department of Public Health to consider adopting permissible exposure limits for molds. Requires the Department to adopt standards for reducing the occurrence of mold contamination in indoor environments. Requires the Department to adopt mold identification guidelines. Requires the Department to develop mold abatement standards. Requires a seller of residential, commercial, or industrial real property to disclose to prospective buyers the existence of mold in the indoor environment. Authorizes enforcement of the Department's standards and guidelines by local health authorities and others. Provides for implementation of the Act only to the extent that the Department determines that funds are available for its implementation. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT in relation to public health.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Toxic and Pathogenic Mold Protection Act.

Section 5. Definitions. As used in this Act, unless the context otherwise requires:

"Authoritative body" means any recognized national or international entity with expertise on mold identification and remediation or on environmental or public health, including, but not limited to, health departments of other states, the United States Environmental Protection Agency, the World Health Organization, the American Conference of Governmental Industrial Hygienists, the New York City Department of Health, the Centers for Disease Control and Prevention, and the American Industrial Hygiene Association.

"Certified industrial hygienist" means an individual who has been granted a certificate as a certified industrial hygienist by the American Board of Industrial Hygiene as defined by the Industrial Hygienists Licensure Act.

"Code enforcement officer" means a city, village, municipal or county employee who is authorized to issue citations for code violations and to conduct inspections of public or private real property to determine whether code violations exist.

"Department" means the Illinois Department of Public Health.

"Indoor environment" means the environmental conditions in a dwelling unit or residential, municipal, commercial, or industrial building.

"Licensed environmental health practitioner" means a person who (i) by virtue of education and experience in the physical, chemical, biological, or environmental health sciences, or any combination of those sciences, is especially trained to organize, implement, and manage environmental health programs and to carry out education and enforcement activities for the promotion and protection of the public health and environment and (ii) is licensed as an environmental health practitioner under the Environmental Health Practitioner Licensing Act.

"Local health authority" means an official health department or board of health, as recognized by the Illinois Department of Public Health.

"Mold" means any form of multicellular fungus. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor, and Stachybotrys chartarum.

"Mold abatement" means the removal or cleaning of mold contaminated materials in a way that prevents the emission of fungi and dust contaminated with fungi from leaving an area and entering another, while protecting the health of workers performing the removal or cleaning. Mold abatement methods can differ dependant upon the level of contamination and the affected material or indoor environment.

"Permissible exposure limits for molds" means a standard or series of standards on the amount or concentration of mold or a particular mold species in an indoor environment.

"Person" means an individual or a corporation, company, association, partnership, limited liability company, municipality, public utility, or other legal entity or institution.

Section 8. Department as lead agency. The Department is designated as the lead agency in the adoption of permissible exposure limits to mold in indoor environments, mold identification and remediation efforts, and the development of guidelines for the determination of what constitutes mold contamination.

Section 10. Illinois Administrative Procedure Act. All standards that the Department develops pursuant to this Act must be developed in accordance with the Illinois Administrative Procedure Act.

Section 15. Permissible exposure limits for molds.

(a) The Department shall consider the feasibility of adopting permissible exposure limits for molds. If the Department finds that adopting permissible exposure limits for molds is feasible, the Department shall do the following:

(1) Adopt permissible exposure limits for molds that avoid adverse effects on the health of the general population, with an adequate margin of safety, and avoid any significant risk to public health.

(2) Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility when it adopts permissible exposure limits for molds.

(3) Utilize and include the latest scientific data or existing standards adopted by authoritative bodies.

(b) The Department shall consider all of the following criteria when it adopts permissible exposure limits for molds:

(1) The adverse health effects of exposure to mold on the general population, including specific effects on members of subgroups that comprise a meaningful portion of the general population, which may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, immune-compromised individuals, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to mold.

(2) The permissible exposure limits for molds, if any, adopted by authoritative bodies.

(3) The technological and economic feasibility of compliance with the proposed permissible exposure limit for molds. For the purposes of determining economic feasibility pursuant to this paragraph (3), the Department shall consider the costs of compliance to affected persons.

(4) Toxicological studies and any scientific evidence related to mold.

(c) The Department may develop alternative permissible exposure limits for molds applicable for specific indoor environments, including, but not limited to, hospitals, child care facilities, and nursing homes, the primary purpose of which is to serve members of subgroups that comprise a meaningful portion of the general population and are at greater risk of adverse health effects from molds than the general population. These subgroups may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, or immune-compromised individuals.

(d) The Department may review, and consider adopting by reference, any information or permissible exposure limits for molds prepared or adopted by or on behalf of the United States Environmental Protection Agency or other authoritative bodies.

(e) The Department shall report to the General Assembly on its progress in developing the permissible exposure limits for molds by January 1, 2005.

Section 20. Notification of permissible exposure limits for molds.

(a) At the time it commences preparation of the permissible exposure limits for molds, the Department shall provide notice electronically by posting on its internet web site a notice that informs interested persons that the Department has initiated work on the permissible exposure limits for molds.

(b) The notice shall include a brief description or bibliography of the technical documents or other information that the Department has identified, as of the date of the notice, as relevant to the preparation of the permissible exposure limits for molds.

(c) The notice shall inform persons who wish to submit information concerning exposure to molds of (i) the name and address of the person in the Department to whom the information may be sent and (ii) the date by which the information must be received in order for the Department to consider it in the preparation of the permissible exposure limits for molds. The notice must also state that all information submitted will be made available to any member of the public who makes a request for that information.

Section 25. Review of permissible exposure limits for molds.

(a) At any time after adoption of the permissible exposure limits for molds, the Department may amend those limits if the Department shows by clear and convincing evidence that the permissible exposure limits for molds should be amended and the amendment is made consistent with Sections 15 and 20 of this Act.

(b) At least once every 5 years, after adoption of permissible exposure limits to molds, the Department shall review the adopted limits and shall, consistent with the criteria set forth in Sections 15 and 20 of this Act, amend the permissible exposure limits if any of the following occur:

(1) Changes in technology or treatment techniques that permit a materially greater protection of public health.

(2) Changes in technology or treatment techniques that materially decrease the cost to maintain particular exposure limits for molds.

(3) New scientific evidence that indicates that molds may present a materially different risk to public health than was previously determined.

Section 30. Standards for reduction and inhibition of mold growth.

(a) The Department shall adopt feasible standards, pursuant to subsection (c), as necessary for the reduction of the occurrence of mold contamination in indoor environments. The standards may include, but are not limited to, the following:

(1) Standards related to the use of dry, non-damaged building materials to reduce the incidence of mold growth.

(2) Standards related to the installation, maintenance, and repair of plumbing systems in dwelling units and residential, municipal, commercial, and industrial buildings to reduce the incidence of water or moisture intrusion and mold growth.

(3) Standards related to the ventilation of building spaces to reduce the moisture within dwelling units and residential, municipal, commercial, and industrial buildings and inhibit mold growth.

(4) Standards related to temperature control in dwelling units and residential, municipal, commercial, and industrial buildings to reduce the incidence of water or moisture intrusion and inhibit mold growth.

(5) Standards related to the installation, maintenance, and repair of heating, ventilation, and air conditioning systems in dwelling units and residential, municipal, commercial, and industrial buildings to reduce the incidence of water or moisture intrusion and mold growth. The standards must include a requirement for the sealing of heating, ventilation, and air conditioning ductwork in new construction, in additions to existing construction, and in the addition or replacement of heating, ventilation, or air conditioning equipment or systems.

(b) The standards adopted under this Section may be imposed on or apply to any person, industry, or group in the business of or having control of or responsibility for any of the following:

(1) Building and construction of residential, commercial, or industrial buildings.

(2) Maintenance of residential, commercial, or industrial buildings.

(3) Installation, maintenance, and repair of heating, ventilation, and air conditioning systems in residential, commercial, or industrial buildings.

(4) Installation, maintenance, and repair of plumbing systems in residential, commercial, or industrial buildings.

(5) Energy production or distribution.

(6) Leasing of residential, commercial, and industrial real property.

(7) Insuring residential, commercial, or industrial buildings.

(c) The Department shall consider all of the following criteria when it adopts standards for reduction and inhibition of mold growth:

(1) The adverse health effects of exposure to mold on the general population, including specific effects on members of subgroups that comprise a meaningful portion of the general population, which may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, immune-compromised individuals, or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to mold.

(2) The standards for reduction and inhibition of mold growth, if any, adopted by authoritative bodies.

(3) The technological and economic feasibility of compliance with the proposed standards permissible for reduction and inhibition of mold growth. For the purposes of determining economic feasibility pursuant to this subsection (3), the Department shall consider the costs of compliance to affected persons.

(4) Toxicological studies and any scientific evidence related to mold.

(d) The Department may develop alternative standards for reduction and inhibition of mold growth applicable to specific indoor environments, including, but not limited to, hospitals, child care facilities, and nursing homes, the primary purpose of which is to serve members of subgroups that comprise a meaningful portion of the general population and are at greater risk of adverse health effects from molds than the general population. These subgroups may include infants, children age 6 years and under, pregnant women, the elderly, asthmatics, allergic individuals, or immune-compromised individuals.

(e) The Department may review, and consider adopting by reference, any information or standards for reduction and inhibition of mold growth prepared or adopted by or on behalf of the United States Environmental Protection Agency or other authoritative bodies.

(f) The Department shall report to the General Assembly on its progress in developing standards for reduction and inhibition of mold growth by January 1, 2005.

Section 35. Notification of standards for reduction and inhibition of mold growth.

(a) At the time it commences preparation of the standards for reduction and inhibition of mold growth, the Department shall provide notice electronically by posting on its internet web site a notice that informs interested persons that the Department has initiated work on the standards for reduction and inhibition of mold growth.

(b) The notice shall include a brief description or bibliography of the technical documents or other information that the Department has identified, as of the date of the notice, as relevant to the preparation of the standards for reduction and inhibition of mold growth.

(c) The notice shall inform persons who wish to submit information concerning exposure to molds of (i) the name and address of the person in the Department to whom the information may be sent and (ii) the date by which the information must be received in order for the Department to consider it in the preparation of the standards for reduction and inhibition of mold growth. The notice must also state that all information submitted will be made available to any member of the public who makes a request for that information.

Section 40. Review of standards for reduction and inhibition of mold growth.

(a) At any time after adoption of the standards for reduction and inhibition of mold growth, the Department may amend those standards if the Department shows by clear and convincing evidence that the standards for reduction and inhibition of mold growth should be amended and the amendment is made consistent with Sections 30 and 35 of this Act.

(b) At least once every 5 years, after adoption of standards for reduction and inhibition of mold growth, the Department shall review the adopted limits and shall, consistent with the criteria set forth in Sections 30 and 35 of this Act, amend the standards for reduction and inhibition of mold growth if any of the following occur:

(1) Changes in technology or treatment techniques that permit a materially greater protection of public health.

(2) Changes in technology or treatment techniques that materially decrease the cost to maintain particular standards for reduction and inhibition of mold growth.

(3) New scientific evidence that indicates that molds may present a materially different risk to public health than was previously determined.

Section 45. Mold identification guidelines.

(a) The Department shall adopt mold identification guidelines for the recognition and identification of molds and microbial volatile organic compounds, or the accumulation of moisture or water in indoor environments, or both. The mold identification guidelines shall include scientifically valid methods to identify the presence of mold, including collection of air, surface, and bulk samples, visual identification, olfactory identification, laboratory analysis, measurements of amounts of moisture, and other recognized analytical methods used for the identification of molds and microbial volatile organic compounds, or the accumulation of moisture or water in indoor environments, or both.

(b) Identification guidelines developed by the Department shall do all of the following:

(1) Avoid adverse effects on the health of the general population, with an adequate margin of safety, and avoid any significant risk to public health.

(2) Notwithstanding paragraph (1), balance the protection of public health with technological and economic feasibility.

(3) Utilize and include the latest scientific data or existing standards for the identification of molds adopted by authoritative bodies.

(c) The Department shall consider all of the following criteria when it develops identification guidelines for mold:

(1) Permissible exposure limits for molds adopted by the Department pursuant to subsections (a) and (b) of Section 15.

(2) Standards for mold identification, if any, adopted by authoritative bodies.

(3) Professional judgment and practicality.

(4) Toxicological reports or additional scientific evidence.

(d) The Department shall develop a reporting form for building inspections that may be used to document recognition and identification of molds and microbial volatile organic compounds, or the accumulation of moisture or water in indoor environments, or both.

(e) The Department shall report to the General Assembly on its progress in developing identification guidelines for mold by January 1, 2005.

(f) The Department may review, and consider adopting by reference, any information prepared by or on behalf of the United States Environmental Protection Agency or other authoritative bodies for the purpose of adopting national identification guidelines for molds.

Section 50. Notification of mold identification guidelines. At the time it commences preparation of identification guidelines for mold, the Department shall electronically post on its internet web site a notice that informs interested persons that it has initiated work on the identification guidelines. The notice shall include a brief description or bibliography of the technical documents or other information that the Department has identified, as of date of the notice, as relevant to the preparation of the identification guidelines for mold. The notice shall inform persons who wish to submit mold identification information of (i) the name and address of the person in the office to whom the information may be sent and (ii) the date by which the information must be received for the Department to consider it in the preparation of the identification guidelines. The notice must also state that all information submitted will be made available to any member of the public who makes a request for that information.

Section 55. Review of mold identification guidelines. All mold identification guidelines published by the Department shall be reviewed at least once every 5 years and revised, as necessary, based on the availability of new scientific data or information on effective mold identification.

Section 60. Mold abatement standards.

(a) The Department shall develop and disseminate standards for mold abatement.

(b) Standards for mold abatement developed by the Department shall do all of the following:

(1) Provide practical requirements for mold abatement, taking into consideration the differing methods of mold abatement.

(2) Include requirements for quality-assurance testing.

(3) Protect the public's health.

(4) Notwithstanding paragraph (3), balance the protection of public health with technological and economic feasibility.

(5) Utilize and include toxicological reports, the latest scientific data, or existing standards for mold abatement adopted by authoritative bodies.

(6) Include requirements for personal protective equipment.

(7) Not require a landlord or owner, seller, or transferor of real property to be specially trained or certified or to utilize the services of a specially qualified professional to conduct mold abatement, so long as the abatement is within the standards.

(c) The Department shall consider all of the following criteria when it develops mold abatement standards:

(1) Permissible exposure limits for molds developed by the Department pursuant to subsections (a) and (b) of Section 15.

(2) Guidelines for mold abatement, if any, adopted by authoritative bodies.

(d) The Department may review, and consider adopting by reference, any information or mold abatement standards prepared by or on behalf of the United States Environmental Protection Agency or other authoritative bodies.

(e) The Department shall report to the General Assembly on its progress in developing standards for mold abatement by January 1, 2005.

Section 65. Notification of mold abatement standards. At the time it commences preparation of standards for mold abatement, the Department shall electronically post on its internet web site a notice that informs interested persons that it has initiated work on the standards for mold abatement. The notice shall include a brief description or bibliography of the technical documents or other information that the Department has identified, as of the date of the notice, as relevant to the preparation of standards for mold abatement. The notice shall inform persons who wish to submit information concerning mold abatement of (i) the name and the address of the person in the Department to whom the information may be sent and (ii) the date by which the information must be received in order for the Department to consider it in the preparation of remediation standards. The notice must also state that all information submitted will be made available to any member of the public who makes a request for that information.

Section 70. Review of mold abatement standards.

(a) At any time after adoption of the standards for mold abatement, the Department may amend those standards if the Department shows by clear and convincing evidence that the standards for mold abatement should be amended and the amendment is made consistent with Sections 60 and 65 of this Act.

(b) At least once every 5 years, after adoption of the standards for mold abatement, the Department shall review the adopted standards and shall, consistent with the criteria set forth in Sections 60 and 65 of this Act, amend the standards for mold abatement if any of the following occur:

(1) Changes in technology or treatment techniques that permit a materially greater protection of public health.

(2) Changes in technology or treatment techniques that materially decrease the cost to maintain particular standards for mold abatement.

(3) New scientific evidence that indicates that molds may present a materially different risk to public health than was previously determined.

Section 75. Information concerning mold and mold abatement.

(a) The Department shall make available to the public, upon request, information about permissible exposure limits for molds, reduction and inhibition of mold growth, or mold abatement, or any combination of those, including all of the following:

(1) Recommended steps to take when contracting with a company to identify mold or conduct mold abatement.

(2) Recommended steps to take to reduce or inhibit mold growth in residential, commercial, and industrial buildings.

(3) Existing laws, rules, standards, and guidelines pertaining to permissible exposure limits for molds, reduction and inhibition of mold, mold abatement, or disclosure.

(4) Basic health information as contained in existing mold publications.

(b) The Department shall develop (i) public education materials and resources to inform the public about the health effects of molds, permissible exposure limits for molds, reduction and inhibition of mold growth, or mold abatement, (ii) resources to obtain information about molds, and (iii) contact information for individuals, organizations, or government entities to assist with public concerns about molds. The Department shall make its public education materials available to environmental groups, licensed environmental health practitioners, commercial and residential landlord organizations, homeowners' organizations, and tenants' organizations and to the general public. The materials shall be produced in Spanish as well as in English to accommodate the growing Latino population in Illinois. The materials shall be made available on the Department's internet web site.

Section 80. Disclosures in connection with sale or transfer of real property.

(a) Subject to subsections (b), (c), and (d) of this Section, a seller or transferor of residential, commercial, or industrial real property shall provide written disclosure to a prospective buyer of the property as soon as reasonably practicable before the transfer of title when the seller or transferor knows or reasonably should know of the existence of mold in the indoor environment that either exceeds permissible exposure limits for molds developed by the Department pursuant to Section 15 or poses any significant risk to health.

(b) A seller or transferor of residential, commercial, or industrial real property is exempt from providing written disclosure pursuant to this Section if mold abatement was performed, after the discovery of mold as described in subsection (a), in accordance with the standards developed by the Department pursuant to Section 60 of this Act.

(c) The requirements of this Section do not apply until the first January 1 or July 1 that occurs at least 6 months after the Department adopts standards pursuant to Section 15, 30, or 60 or develops guidelines pursuant to Section 45 of this Act.

Section 85. Disclosures to commercial and industrial tenants.

(a) Subject to subsections (c) and (d), a lessor of commercial or industrial real property shall provide written disclosure to tenants occupying that property, as soon as reasonably practicable, when the lessor knows or reasonably should know of the existence of mold in the indoor environment of the leased building or space that either exceeds permissible exposure limits for molds developed by the Department pursuant to Section 15 of this Act or poses any significant risk to health.

(b) Subject to subsections (c) and (d), a lessor of commercial or industrial real property shall provide written disclosure to prospective tenants of the property, as soon as reasonably practicable, prior to entering into a lease of the property to those tenants, when the lessor knows or reasonably should know of the existence of mold in the indoor environment of the building or space to be leased that either exceeds permissible exposure limits for molds developed by the Department pursuant to Section 15 of this Act or poses any significant risk to health.

(c) A lessor of commercial or industrial real property is exempt from providing written disclosure pursuant to this Section if mold abatement was performed, after the discovery of mold as described in subsection (a) or (b), in accordance with the standards developed by the Department pursuant to Section 60 of this Act.

(d) The requirements of this Section do not apply until the first January 1 or July 1 that occurs at least 6 months after the Department adopts standards pursuant to Section 15, 30, or 60 or develops guidelines pursuant to Section 45.

(e) A commercial or industrial landlord shall not be required to conduct mold identification testing to determine whether the presence of molds exceeds any permissible exposure limits for molds or poses a significant health risk unless there is reasonable cause for such testing, including, but not limited to, any of the following:

(1) Discovery of visible mold in the leased building or in or around the leased space.

(2) Unremedied or chronic moisture or water intrusion into the leased building or in or around the leased space.

(3) Adverse health effects of individuals occupying the leased building or space, determined by a licensed health practitioner to be potentially or possibly related to exposure to toxic mold.

Section 90. Notification by commercial or industrial tenant. A tenant of commercial or industrial real property who knows or reasonably should know (i) that the presence of molds exceeds permissible exposure limits for molds adopted under Section 15 or poses a significant health risk or (ii) that there is a condition of chronic water or moisture intrusion or flood in the leased building or space shall inform the landlord of that knowledge within a reasonable period of time. The tenant shall make the property available to the landlord or his or her agents for appropriate assessment or remedial action as soon as is reasonably practicable. Nothing in this Section is intended to affect existing duties and obligations of residential tenants and landlords in any way.

Section 95. Duty to conduct mold abatement with respect to commercial or industrial building or building space.

(a) A commercial or industrial landlord who knows or has notice that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant structures, or that there is a condition of chronic water or moisture intrusion or flood, has an affirmative duty, within a reasonable period of time, to assess the presence of mold or condition likely to result in the presence of mold, in accordance with any guidelines adopted by the Department in Section 45 of this Act and perform any necessary mold abatement in accordance with the standards developed by the Department pursuant to Section 60 of this Act.

(b) Any tenant of commercial or industrial real property who knows or is informed that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant structures, or that there is a condition of chronic water or intrusion or flood, and is responsible for all maintenance, operation, and upkeep of the leased property shall inform the landlord in writing of that knowledge as soon as is reasonably practicable and shall (i) assess the presence of mold or condition likely to result in the presence of mold, in accordance with any guidelines adopted by the Department pursuant to Section 45 of this Act, and (ii) perform any necessary mold abatement in accordance with the standards developed by the Department pursuant to Section 60 of this Act, as required by the terms of the contract with the landlord.

Section 100. Disclosures by public entity.

(a) A public entity that owns, leases, or operates a building shall provide written disclosure to all building occupants, employees, and prospective tenants as specified in subsection (b) when the public entity knows, or has reasonable cause to believe, that a condition of chronic water or moisture intrusion or flood exists, or that mold is present that either exceeds the permissible exposure limits for molds developed by the Department pursuant to Section 15 of this Act or poses any significant risk to health.

(b) The written disclosures required by subsection (a) shall be provided:

(1) To prospective tenants as soon as practicable and prior to entering into rental agreements with those tenants.

(2) To building occupants or employees in affected buildings or building spaces as soon as is reasonably practicable.

(c) A public entity is exempt from providing written disclosure to prospective tenants pursuant to this Section if mold abatement was performed, after the discovery of mold as described in subsection (a), in accordance with the standards developed by the Department pursuant to Section 60 of this Act.

(d) The requirements of this Section do not apply until the first January 1 or July 1 that occurs at least 6 months after the Department adopts standards pursuant to Section 15, 30, or 60 or develops guidelines pursuant to Section 45.

Section 105. Disclosure by residential landlord.

(a) Subject to subsections (c), (d), and (e), a lessor of residential real property shall disclose in writing, to tenants and prospective tenants of the property, the existence of mold in the indoor environment of the leased building or unit that either exceeds permissible exposure limits for molds developed by the Department pursuant to Section 15 of this Act or poses any significant risk to health.

(b) A lessor of residential real property shall conduct mold identification testing to determine whether the presence of molds exceeds any permissible exposure limits for molds or poses a significant health risk if there is reasonable cause for such testing, including, but not limited to any of the following:

(1) Discovery of visible mold in the leased building or in or around the leased space.

(2) Unremedied or chronic moisture or water intrusion into the leased building or in or around the leased unit.

(3) Adverse health effects of individuals occupying the leased building or unit, determined by a licensed health practitioner to be potentially or possibly related to exposure to toxic mold.

(c) The written disclosure required by subsection (a) shall be provided:

(1) To prospective tenants prior to entering into rental or lease agreements with those tenants.

(2) To tenants in affected units as soon as is reasonably practicable.

(d) A lessor of residential real property is exempt from providing written disclosure pursuant to this Section if mold abatement was performed, after the discovery of mold as described in subsection (a) or (b), in accordance with the standards developed by the Department pursuant to Section 60 of this Act.

(e) The requirements of this Section do not apply until the first January 1 or July 1 that occurs at least 6 months after the Department adopts standards pursuant to Section 15, 30, or 60 or develops guidelines pursuant to Section 45.

Section 110. Residential landlord's duty to disclose health risks.

(a) A residential landlord shall disclose in writing, to prospective tenants, the potential health risks and the health impact that may result from exposure to mold. The landlord shall make the disclosure by distributing a consumer-oriented booklet developed and disseminated by the Department.

(b) The written disclosure as required by subsection (a) shall be provided to prospective residential tenants prior to entering into an agreement for the rental or lease of the property to those tenants.

(c) The requirements of this Section do not apply until the first January 1 or July 1 that occurs at least 6 months after the Department develops and disseminates the consumer-oriented booklet as described in subsection (a).

Section 115. Duty to conduct mold abatement of residential building or unit. A lessor of a residential building or unit who knows or has notice that mold is present in the building, heating system, ventilating or air-conditioning system, or appurtenant structures, or that there is a condition of chronic water or moisture intrusion or flood, has an affirmative duty, within a reasonable period of time, to assess the presence of mold or condition likely to result in the presence of mold, in accordance with any guidelines adopted by the Department in Section 45 of this Act and perform any necessary mold abatement in accordance with the standards developed by the Department pursuant to Section 60 of this Act.

Section 120. Responsibilities imposed by other laws.

(a) Nothing in this Act relieves an owner, manager, seller, transferor, lessor, agent, landlord, or tenant from any responsibility for compliance with other obligations, laws, ordinances, codes, rules, or regulations or with any duties provided for under the common law.

(b) Nothing in this Act alters or modifies any right, remedy, or defense otherwise available under law.

(c) Nothing in this Act affects the obligation under any other law of a transferor or other party to a real estate contract, or his or her agent, to disclose any facts materially affecting the value and desirability of the property, including, but not limited to, the physical condition of the property and previously received reports of physical inspections noted on the disclosure form.

(d) Nothing in this Act shall be construed to change the inspection and disclosure duties of a real estate broker or salesperson under other laws.

(e) The specification of items for disclosure in this Act does not limit or abridge any obligation for disclosure that is created by any other provision of law or that may exist in order to avoid fraud, misrepresentation, or deceit in a transaction for the transfer of real property.

Section 125. Inaccurate information. Neither the transferor nor any listing or selling agent of the transferor shall be held liable for any error, inaccuracy, or omission of any information delivered pursuant to this Act if the error, inaccuracy, or omission (i) was not within the personal knowledge of the transferor or the listing or selling agent or (ii) was based on information timely provided by a public agency or by another person providing relevant information by delivery of a report or opinion prepared by an expert dealing with matters within the relevant scope of the expert's license or expertise, and ordinary care was exercised in obtaining and transmitting it.

Section 130. Enforcement. Local health authorities, code enforcement officers, licensed environmental health practitioners, city attorneys, and any other appropriate government entities may respond to complaints about mold, may enforce standards and guidelines adopted by the Department pursuant to this Act, and may enforce the disclosure and notification requirements of Sections 80 through 110 of this Act. The Department shall adopt guidelines for such enforcement. The guidelines shall include development of a form for disclosure and the penalties, if any, that may be imposed for failure to disclose information as required by this Act. A penalty may not be assessed against an owner of residential real property for failure to disclose under Section 105 if the owner provides disclosure to the tenants in a form that substantially conforms to the disclosure form developed by the Department. The authority to enforce disclosure and notification requirements pursuant to this Section does not apply until the first January 1 or July 1 that occurs at least 6 months after the Department adopts guidelines for such enforcement.

Section 132. Adjudication of ordinance violation. Nothing in this Act, including the definition of "code enforcement officer", shall be construed to allow for administrative adjudication of an ordinance violation in a case where a State statute or administrative rule provides for a specific method or procedure, other than administrative adjudication, to be followed in enforcing an ordinance.

Section 135. Adoption of additional standards. After the Department, pursuant to the Illinois Administrative Procedure Act, submits the proposed standards and guidelines developed pursuant to this Act, the Department shall consider and report to the General Assembly on the need for standards for mold-testing professionals and mold-abatement specialists.

Section 140. Implementation. This Act shall be implemented only to the extent that the Department determines that funds are available for the Act's implementation.

Section 999. Effective date. This Act takes effect upon becoming law.