June 27, 2002: Congressman John Conyers, Jr. Introduces H.R. 5040

H.R. 5040 (“The Melina Bill”): The United States Toxic Mold Safety and Protection Act

The growth of “toxic mold” is becoming a problem of monumental proportions. Exposure to mold growth in residential, public and commercial buildings is believed to have caused serious medical conditions which include bleeding lungs, digestive problems, hair loss, nausea, loss of memory, reduced cognitive skills, and death. Property damage from mold growth has destroyed millions of dollars in real estate and forced homeowners to the curb. We cannot eliminate mold. However, there are steps that can be taken to minimize the dangers of indoor mold growth.

The United States Toxic Mold Safety and Protection Act will mandate comprehensive research into mold growth, create programs to educate the public about the dangers of toxic mold, and provide assistance to victims. In addition, the Act will generate guidelines for preventing indoor mold growth, establish standards for removing mold when it does grow, provide grants for mold removal in public buildings, authorize tax credits for inspection and/or remediation of mold hazards, and create a national insurance program to protect homeowners from catastrophic losses. Taken as a whole, the Toxic Mold Safety and Protection Act will attack indoor mold growth with good science, public awareness, and tangible relief. Home ownership is part of the American Dream, but for many toxic mold has transformed that dream into a nightmare. It’s time to stop toxic mold from robbing Americans of their health and their homes. If you are concerned about the hazards of mold contact your congressional representative and ask them to cosponsor and/or support the United States Toxic Mold Safety and Protection Act. Click here to the full text of the United States Toxic Mold Safety and Protection Act

Major Provisions of the Bill

Title I – Research and Public Education .The Bill directs the Environmental Protection Agency (EPA) and Centers for Disease Control (CDC) to examine the effects of different molds on human health and develop accurate scientific information on the hazards presented by indoor mold. .The Bill directs EPA and the Department of Housing and Urban Development (HUD) respectively, to establish guidelines that identify conditions that facilitate indoor mold growth and measures that can be implemented to prevent such growth. The guidelines will also address mold inspection, testing, and remediation.

The Bill asks EPA and HUD to establish guidelines for certifying mold inspectors and remediators. The guidelines will help identify hazards associated with inspection and remediation and the steps that should be taken to minimize the risk to human health. .The Bill authorizes programs to educate the public about the dangers of indoor mold. An informed public with be in a better position to avoid mold hazards, prevent mold growth and respond appropriately when mold growth occurs.

Title II – Housing and Real Property Provisions .The Bill requires mold inspections for multi-unit residential property and mold inspections for all property that is purchased or leased using funds that are guaranteed by the federal government. The Bill also requires mold inspections in public housing.

The Bill requires, to whatever extent possible, that local jurisdictions modify building codes to minimize mold hazards in new construction. Title IV – Indoor Mold Hazard Assistance .The Bill authorizes grants for mold removal in public buildings. Title V – Tax Provisions .The Bill authorizes tax credits for inspection and/or remediation of mold hazards. Title VI – National Toxic Mold Insurance Program .The Bill creates a National Toxic Mold Insurance Program administered by the Federal Emergency Management Agency (FEMA) to protect homeowners from catastrophic losses. Many homeowners are finding that insurance companies will not offer adequate coverage for mold. Title VII – Health Care Provisions .The Bill enables States to provide medicaid coverage to mold victims who are unable to secure adequate health care. For additional information contact Joel Segal or Jonathan Newton at (202) 225-5126 http://www.house.gov/conyers/mold.htm

107TH CONGRESS, 2D SESSION H. R. H.L.C.

(Original Signature of Member)
107TH CONGRESS, 2D SESSION H. R. Mr. CONYERS (for himself Mrs. JONES of Ohio, Mr. HONDA, Mr. GORDON, Mr. WYNN, Ms. KILPATRICK, Mr. HILLIARD, Mr. DEFAZIO, Ms. DELAURO, Mr. WAXMAN, Ms. WOOLSEY, Mr. GUTIERREZ, Mr. GEORGE MILLER of California, Mr. LIPINSKI, Mr. UNDERWOOD, Ms. MCCOLLUM, Ms. LEE, Mr. LANTOS, Mr. FROST, and Mr. BONIOR) introduced the following bill; which was referred to the Committee on A BILL To amend the Toxic Substances Control Act, the Internal Revenue Code of 1986, and the Public Buildings Act of 1959 to protect human health from toxic mold, and for other purposes.

A BILL 1 Be it enacted by the Senate and House of Representatives of the United States of in Congress assembled.

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 1

• (a) SHORT TITLE.-This Act may be cited as the 2 ”United States Toxic Mold Safety and Protection Act of 3 2002” or the ”Melina Bill”. 4
• (b) TABLE OF CONTENTS.-The table of contents for 5 this Act is as follows: 6

TITLE I-RESEARCH AND PUBLIC EDUCATION

• Sec. 101. Definitions.
• Sec. 102. Health effects study and report.
• Sec. 103. Standards for preventing, detecting and remediating indoor mold growth.
• Sec. 104. Public education program.

TITLE II-HOUSING AND REAL PROPERTY PROVISIONS

• Sec. 201. Inspection of residential property.
• Sec. 202. Sale or lease of residential property.
• Sec. 203. Inspection requirements for existing public housing.
• Sec. 204. Construction requirements for new public housing.
• Sec. 205. Building codes.
• Sec. 206. Inspection requirement in connection with federally made or insured mortgages.

TITLE III-INDUSTRY STANDARDS DEVELOPMENT

• Sec. 301. Industry Standards Development.

TITLE IV-INDOOR MOLD HAZARD ASSISTANCE

• Sec. 401. Grants for remediation of public buildings.

TITLE V-TAX PROVISIONS

• Sec. 501. Tax credit for toxic mold inspection and remediation.

TITLE VI-NATIONAL TOXIC MOLD HAZARD INSURANCE PROGRAM

Subtitle A-Insurance Program

• Sec. 601. Program authority.
• Sec. 602. Scope of program and priorities.
• Sec. 603. Nature and limitation of insurance coverage.
• Sec. 604. Estimates of premium rates.
• Sec. 605. Establishment of chargeable premium rates.
• Sec. 606. National toxic mold hazard insurance fund.
• Sec. 607. Operating costs and allowances.
• Sec. 608. Payment of claims Sec. 609. Dissemination of insurance information.
• Sec. 610. Coordination with other programs.
• Sec. 611. Reports.

Subtitle B-Organization and Administration of Insurance Program

• Sec. 621. Implementation.

PART 1-INDUSTRY PROGRAM WITH FEDERAL FINANCIAL ASSISTANCE

• Sec. 631. Industry insurance pool.
• Sec. 632. Agreements with insurance pool.
• Sec. 633. Adjustment and payment of claims and judicial review.
• Sec. 634. Premium equalization payments.
• Sec. 635. Emergency implementation of program.

PART 2-GOVERNMENT PROGRAM WITH INDUSTRY ASSISTANCE

• Sec. 641. Federal operation of program.
• Sec. 642. Adjustment and payment of claims and judicial review.

PART 3-PROVISIONS OF GENERAL APPLICABILITY

• Sec. 651. Services by insurance industry.
• Sec. 652. Use of insurance pool, companies, or other private organizations for certain payments.
• Sec. 653. Settlement and arbitration.
• Sec. 654. Records and audits.

Subtitle C-Miscellaneous Provisions

• Sec. 661. Definitions.
• Sec. 662. Payments.
• Sec. 663. Government corporation control act.
• Sec. 664. Finality of certain transactions.
• Sec. 665. Authorization of appropriations. TITLE VII-HEALTH CARE PROVISIONS
• Sec. 701. Medicaid waiver.

TITLE I-RESEARCH AND PUBLIC EDUCATION

SEC. 101. DEFINITIONS.

For purposes of this Act

• (1) the term ”mold” means any furry growth of minute fungi occurring moist conditions;
• (2) the term ”toxic mold” means any indoor mold growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposure, as such exposure is defined by the Environmental Protection Agency, Center for Disease Control, National Institute of Health or other Federal, State or local agency organized in part to study and/or protect human health;
• (3) the term ”toxic mold risk assessor” means 10 a person who establishes the level of risk to public 11 health associated with toxic mold; and
• (4) the term ”mold inspection” means an in- 13 spection of real property that is designed to discover 14 indoor mold growth, toxic mold growth, conditions 15 that facilitate indoor mold growth and/or indicia of 16 conditions that are likely to facilitate indoor mold 17 growth. 18

SEC. 102. RESEARCH AND REPORTING.

• (a) The Centers for Disease and Control, the Envi- 20 ronmental Protection Agency, and the National Institutes 21 of Health shall jointly undertake a comprehensive study 22 of the health effects of indoor mold growth and toxic mold. 23 The results of the aforementioned shall be submitted 24 to the Congress, the President and the general public. The 1 study should ascertain among other things- 2
  • (1) detailed information about harmful and/or 3 toxic strains of mold; 4
  • (2) methods of detecting harmful and/or toxic 5 mold; 6
  • (3) potential dangers of prolonged exposure to 7 indoor mold growth; 8
  • (4) minimum levels of exposure at which indoor 9 mold growth is harmful to human health; and 10
  • (5) the hazards involved in mold remediation. 11
• (b) The Department of Housing and Urban Development shall study and report the impact of construction 13 standards on indoor mold growth. 14
• (c) All research and study conducted pursuant to this 15 Act shall be ongoing with updated reports published as 16 needed to adequately inform the public and protect human 17 health. 18

SEC. 103. STANDARDS FOR PREVENTING, DETECTING, AND REMEDIATING INDOOR MOLD GROWTH.

• (a) After appropriate research and study as required by this Act, but not later than one year after the effective date of this Act, the Environmental Protection Agency, in conjunction with appropriate Federal agencies, shall promulgate national standards that include, among other things
  • (1) standards for mold inspection, mold remediation, testing the toxicity of mold, and protection of mold remediators;
  • (2) standards for certification of mold inspectors, mold remediators, mold testing labs, mold risk assessors and industrial hygienist involved with mold remediation planning; and 9
  • (3) standards for the design, installation, and maintenance of air ventilation and/or air-conditioning systems to prevent mold growth or creation of conditions that foster mold growth.
  • (b) After appropriate research and study as required by this Act, but not later than one year after the effective date of this Act, the Department of Housing and Urban Development shall promulgate guidelines identifying conditions created during construction that facilitate the growth of indoor mold growth and recommending appropriate means of eliminating those conditions.
  • (c) To the maximum extent possible, the standards, guidelines and recommendations established under this section shall be developed with the assistance of organizations involved in establishing national building construction standards representatives of State or local authorities 25 responsible for building inspections and issuance of certificates of occupancy.
  • (d) The Environmental Protection Agency and the Department of Housing and Urban Development shall make drafts of their respective documents available for public review and comment 30 days prior to publication. The Environmental Protection Agency and the Department of Housing and Urban Development shall make final model standards and techniques available to the public no later than one year after the effective date of this Act.
  • (e) The Environmental Protection Agency shall take such actions as may be necessary to inform appropriate State and local government agencies and authorities of the model standards and techniques with the goal of ensuring that such agencies and authorities adopt such standards and techniques by June 1, 2004. (f) All standards and guidelines promulgated pursuant to this Act shall be updated and published as needed to adequately inform the public and protect human health.

SEC. 104. PUBLIC EDUCATION.

• (a) The Environmental Protection Agency, the Centers for Disease Control, the National Institutes of Health, and the Department of Housing and Urban Development, and other relevant agencies shall sponsor public education programs to promote and increase public awareness of the dangers of indoor mold growth or toxic mold.
• (b) The public education programs should include, among other things, information regarding the conditions that facilitate indoor mold growth; guidelines for remediating indoor mold growth; dangers of exposure to indoor mold growth in public buildings; risk assessment and inspection methods for toxic mold; and other necessary information as determined by
  • (1) the public education programs shall provide education and information through modes of communication that are commonly utilized and able to be easily consumed by relevant individuals or organi- zations;
  • (2) public educations programs should be de- signed to reach health professionals; the general public; homeowners, prospective homeowners, land- lords, and tenants; consumers of home improvement products; the real estate industry; the home con- struction and renovation industry, including the heating and air conditioning industry; and other in- dividuals and organizations with an interest in the use and/or occupancy of real property.
• (c) Notwithstanding the foregoing, the Environ- mental Protection Agency, in consultation with appro- priate agencies shall publish, and periodically revise a pamphlet regarding indoor mold hazards. Among other things this pamphlet should
  • (1) contain information regarding the health risks associated with exposure to indoor mold growth;
  • (2) provide information on the hazards of in- door mold growth in federally assisted and federally owned housing;
  • (3) describe the risks of mold exposure for persons residing in a dwelling with toxic mold;
  • (4) provide information on approved methods for evaluating and reducing mold growth and their effectiveness in identifying, reducing, eliminating, or preventing mold growth;
  • (5) advise persons how to obtain a list of persons certified to inspect or remediate mold growth in the area in which the pamphlet is to be used;
  • (6) state that a risk assessment or inspection for mold growth is recommended prior to the purchase, lease, or renovation of target housing;
  • (7) state that certain State and local laws impose additional requirements related to mold growth in housing and provide a listing of Federal, State, and local agencies in each State, including address and telephone number, that can provide information about applicable laws and available governmentaland private assistance and financing; and
  • (8) provide information deemed appropriate and or necessary to promote awareness of the hazards posed by indoor mold.
• (d) There is authorized to be appropriated such sums as may be necessary to carry out this section.

TITLE II-HOUSING PROVISIONS FOR INDOOR MOLD HAZARD PREVENTION AND DETECTION

SEC. 201. INSPECTIONS OF RESIDENTIAL PROPERTY.

Beginning with the calendar year 2004, the lessor of each unit of rental property shall conduct an annual inspection of such property in accordance with the model 16 standards and techniques set forth in section 103 and shall promptly notify the occupants of such property of the results of such inspection.

SEC. 202. SALE OR LEASE OF RESIDENTIAL PROPERTY.

• (a) Not later than 2 years after the date of enactment of this Act, the Secretary of Housing and Urban Development and the Administrator of the Environmental Protection Agency shall promulgate regulations under this sec- 24 tion for the disclosure of mold hazards in housing which is offered for sale or lease.
• (b) The regulations shall require that, before the sale or lease of real property a mold inspection be conducted by a State certified mold inspector and, within a reasonable time prior to the effective date of the purchase or lease, the seller or lessor shall clearly and accurately disclose to the purchaser or lessee the results of the inspection required under this subsection.
• (c) Regulations promulgated under this section shall provide that every contract for the sale or lease of any interest in housing shall contain a statement signed by both the seller or lessor and by the purchaser or lessee that acknowledges the result of the mold inspection required by subsection (b).
  • (b)(1) Any person who knowingly misrepresents the results of a mold inspection or causes the results of a mold inspection to be inaccurate shall be subject to civil money penalties in accordance with the provisions of section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
  • (2) Any person who knowingly violates the provisions of this section shall be jointly and severally liable to the purchaser or lessee in an amount equal to 3 times the amount of damages incurred by such individual. 25 (3) In any civil action brought for damages, the appropriate court may award court costs to the party commencing such action, together with reasonable attorney fees and any expert witness fees, if that party prevails.
• (c) The regulations under this section shall take effect 3 years after the date of the enactment of this Act.

SEC. 203. INSPECTION REQUIREMENTS FOR EXISTING PUBLIC HOUSING.

• (a) IN GENERAL.-The Secretary of Housing and Urban Development shall establish procedures to eliminate as far as practicable the hazards of indoor mold with respect to any existing public housing which may present such hazards, in accordance with this section. Such procedures shall provide for appropriate measures to conduct risk assessments, inspections, interim controls, and abatement of indoor mold hazards.
• (b) PROCEDURES.-At a minimum, such procedures shall require
  • (1) the provision of indoor mold hazard information pamphlets to tenants;
  • (2) periodic risk assessments and interim controls in accordance with a schedule determined by the Secretary;
  • (3) mold inspections;
  • (4) abatement of indoor mold hazards identified;
  • (5) where risk assessment, inspection, or reduction activities have been undertaken, the provision of notice to occupants describing the nature and scope of such activities and the actual risk assessment or inspection reports; and
  • (6) such other measures as the Secretary deems appropriate.
• (c) TRANSITIONAL TESTING AND ABATEMENT.
  • (1) PUBLIC HOUSING RECEIVING CAPITAL FUND ASSISTANCE. The inspection required under this section for public housing assisted with amounts from the Capital Fund under section 9(d) of the United States Housing Act of 1937 (42 U.S.C. 1437g(d)) shall be conducted with respect to
    • (A) a random sample of dwellings and common areas in all public housing projects as sisted under such section; and
    • (B) each dwelling in any public housing project in which there is a dwelling determined under subparagraph (A) to have indoor mold hazards.
• (d) INSPECTION.-The Secretary shall require the inspection of all housing subject to this paragraph in accordance with the modernization schedule. A public housing agency may elect to test for indoor mold hazards and may elect to abate such hazards under standards more stringent than those established under this section by the Secretary, and such abatement shall qualify for assistance from the Capital Fund. The Secretary shall require abatement of indoor mold hazards in housing in which the test results equal or exceed the standard established under this Act. Final inspection and certification after abatement shall be made by a certified mold inspector, industrial hygienist, or local public health official.
• (e) OTHER PUBLIC HOUSING.
  • (1) REQUIRED INSPECTION. The Secretary shall require the inspection under this section for- 14
    • (A) a random sample of dwellings and common areas in all public housing that is not subject to paragraph (1); and
    • (B) each dwelling in any public housing project in which there is a dwelling determined under subparagraph (A) to have indoor mold hazards.
  • (2) SCHEDULE.-The Secretary shall require the inspection of all housing subject to this paragraph before the June 1, 2004. The Secretary may prioritize, within such period, inspections on the 25 basis of vacancy, age of housing, or projected modernization or rehabilitation. The Secretary shall require abatement and final inspection and certification of such housing in accordance with the last two sentences of paragraph (1).
• (f) REPORT.-Not later than September 1, 2004, the Secretary shall submit a report to the Congress describing the results of the activities under this section.
• (g) FUNDING.-The Secretary shall use amounts available under the Capital Fund under section 9(d) of the United States Housing Act of 1937 to carry out this section. The Secretary shall submit annually to the Congress an estimate of the funds required to carry out the provisions of this section.

SEC. 204. CONSTRUCTION REQUIREMENTS FOR NEW PUBLIC HOUSING.

The Secretary of Housing and Urban Development shall take such actions and impose such standards and conditions as may be necessary or appropriate to ensure that public housing constructed after the date of the issuance of the model construction standards and techniques established under section 103, is constructed in accordance with such model standards and techniques.