Sen. James F. Clayborne Jr.

Filed: 3/23/2007





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2     AMENDMENT NO. ______. Amend Senate Bill 1257 by replacing
3 everything after the enacting clause with the following:
4     "Section 1. Short title. This Act may be cited as the Mold
5 Remediation Registration Act.
6     Section 5. Findings. The General Assembly finds that:
7         (1) Excessive indoor dampness in buildings is a
8     widespread problem that warrants action at the local,
9     State, and national levels.
10         (2) Because of the public's concern about the possible
11     public health effects of exposure to mold in buildings, as
12     well as the effects on workers performing remediation work,
13     and the costs of remediation for the property owner, there
14     is a need to identify parties performing mold remediation
15     in the State.
16         (3) Because there is a need to reduce moisture that



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1     fosters mold formation in buildings, the State should
2     review current State building codes to ensure that they do
3     not foster mold.
4         (4) Parties providing mold remediation services in
5     residential, public, and commercial buildings in Illinois
6     should be required to register with the State and provide
7     proof of financial responsibility.
8         (5) Laboratories performing tests to confirm mold
9     contamination in buildings should be certified by the
10     American Industrial Hygiene Association using nationally
11     recognized accreditation standards set under the
12     Environmental Microbiology Laboratory Accreditation
13     Program.
14     Section 10. Definitions. As used in this Act:
15     "Department" means the Department of Public Health.
16     "Mold remediation" means the removal, cleaning,
17 sanitizing, demolition, or other treatment, including
18 preventive activities, of mold or mold-containment matter in
19 buildings.
20     "Preventative activities" include those intended to
21 prevent future mold contamination of a remediated area,
22 including applying biocides or anti-microbial compounds.
23     Section 15. Reporting requirement. The Department must
24 report to the Environment and Energy Committees of the House of



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1 Representatives and the Senate, on an annual basis, concerning
2 the implementation of any federal regulations that establish:
3         (1) scientific evidence concerning any health effects
4     associated with fungi, bacteria, and their byproducts in
5     indoor environments including any indoor air quality
6     standard; and
7         (2) standards for the training, certification, and
8     licensing of parties providing mold remediation services
9     in residential, public, and commercial buildings.
10     Section 20. Rules. The Department may adopt rules, under
11 the Illinois Administrative Procedure Act, to implement and
12 administer the provisions under this Act. The rules may include
13 a program establishing procedures for parties that provide mold
14 remediation services to register with the State and provide
15 evidence of financial responsibility.
16     Section 25. Exemptions. The provisions of this Act shall
17 not apply to home builders and remodelers performing work on
18 any residential structure, consisting of 4 or fewer residential
19 units, under the period and terms of the written warranty of
20 that residential structure.
21     Section 99. Effective date. This Act takes effect January
22 1, 2008.".