Sen. Jil Tracy

Filed: 4/10/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1087

2    AMENDMENT NO. ______. Amend Senate Bill 1087 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mold Remediation Registration Act is
5amended by changing Sections 5, 10, 15, 20, and 25 and by
6adding Section 16 as follows:
 
7    (410 ILCS 105/5)
8    Sec. 5. Findings. The General Assembly finds that:
9        (1) Excessive indoor dampness in buildings is a
10    widespread problem that warrants action at the local,
11    State, and national levels.
12        (2) Because of the public's concern about the possible
13    public health effects of exposure to mold in buildings, as
14    well as the effects on workers performing remediation
15    work, and the costs of remediation for the property owner,
16    there is a need to identify parties performing mold

 

 

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1    remediation in the State.
2        (3) Because there is a need to reduce moisture that
3    fosters mold formation in buildings, the State should
4    review current State building codes to ensure that they do
5    not foster mold.
6        (4) Parties providing mold remediation services in
7    residential, public, and commercial buildings in Illinois
8    should be required to register with the State and provide
9    proof of financial responsibility.
10        (5) Laboratories performing tests to confirm mold
11    contamination in buildings should be certified by the
12    American Industrial Hygiene Association using nationally
13    recognized accreditation standards set under the
14    Environmental Microbiology Laboratory Accreditation
15    Program.
16        (6) It is imperative that the citizens of Illinois are
17    aware of the dangers of mold and the need for proper
18    assessment and remediation of indoor environments affected
19    by mold.
20(Source: P.A. 95-456, eff. 1-1-08.)
 
21    (410 ILCS 105/10)
22    Sec. 10. Definitions. As used in this Act:
23    "Department" means the Department of Public Health.
24    "Mold" means any form of multicellular fungi found in
25water-damaged indoor environments or water-damaged building

 

 

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1materials. "Mold" includes Cladosporium, Penicillium,
2Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella,
3Mucor, and Stachybotrys chartarum.
4    "Mold remediation" means the removal, cleaning,
5sanitizing, demolition, or other treatment, including
6preventive activities, of mold or mold-containment matter in
7buildings.
8    "Preventative activities" include those intended to
9prevent future mold contamination of a remediated area,
10including applying biocides or anti-microbial compounds.
11    "Third-party certification" means a mold remediation
12certification offered by the Institute of Inspection Cleaning
13and Restoration Certification or its successor; the National
14Organization of Remediators and Microbial Inspectors or its
15successor; or any other national nonprofit organization that
16has been approved by the Department.
17(Source: P.A. 95-456, eff. 1-1-08.)
 
18    (410 ILCS 105/15)
19    Sec. 15. Reporting requirement. The Department must report
20to the Environment and Energy Committees of the House of
21Representatives and the Senate, on an annual basis, concerning
22the implementation of any federal regulations or State rules
23that establish:
24        (1) scientific evidence concerning any health effects
25    associated with fungi, bacteria, and their byproducts in

 

 

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1    indoor environments including any indoor air quality
2    standard; and
3        (2) standards for the training, certification, and
4    licensing of parties providing mold remediation services
5    in residential, public, and commercial buildings.
6(Source: P.A. 95-456, eff. 1-1-08.)
 
7    (410 ILCS 105/16 new)
8    Sec. 16. Public awareness campaign. The Department shall,
9in consultation with appropriate agencies and organizations,
10establish a public awareness campaign to assist the public in
11understanding the threat of mold in indoor environments and
12the importance of removing mold. As part of the campaign, the
13Department shall:
14        (1) establish, in accordance with rules adopted under
15    this Act, a public awareness campaign on the dangers of
16    mold, as well as the potential toxic compounds that they
17    can emit and produce, and, as part of the campaign,
18    disseminate information via brochures and the Department's
19    website;
20        (2) provide reference to and contact information for
21    organizations or government agencies that can provide the
22    public with information pertaining to the health effects
23    of mold, mold testing methods, or accredited industry
24    standards for the remediation of mold; and
25        (3) perform every 5 years, in accordance with rules

 

 

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1    adopted under this Act, a review of the technology or
2    treatment techniques for mold identification and
3    remediation that provide additional protections to public
4    health and safety and include, as part of that review, an
5    examination of any new scientific evidence that indicates
6    that mold may present a greater health risk to the public
7    than previously determined.
 
8    (410 ILCS 105/20)
9    Sec. 20. Rules. The Department shall may adopt rules,
10under the Illinois Administrative Procedure Act, to implement
11a program establishing procedures for parties that provide
12mold remediation services to register with the State and
13provide evidence of an active third-party certification and
14evidence of financial responsibility.
15(Source: P.A. 95-456, eff. 1-1-08.)
 
16    (410 ILCS 105/25)
17    Sec. 25. Exemptions. The provisions of this Act shall not
18apply to (i) home builders and remodelers performing work on
19any residential structure, consisting of 4 or fewer
20residential units, under the period and terms of the written
21warranty of that residential structure or (ii) persons
22licensed in accordance with the Structural Pest Control Act.
23(Source: P.A. 95-456, eff. 1-1-08.)".