Public Act 095-0456
SB1257 Enrolled LRB095 06869 CMK 26988 b

    AN ACT concerning public safety.
    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 Mold
Remediation Registration Act.
    Section 5. Findings. The General Assembly finds that:
        (1) Excessive indoor dampness in buildings is a
    widespread problem that warrants action at the local,
    State, and national levels.
        (2) Because of the public's concern about the possible
    public health effects of exposure to mold in buildings, as
    well as the effects on workers performing remediation work,
    and the costs of remediation for the property owner, there
    is a need to identify parties performing mold remediation
    in the State.
        (3) Because there is a need to reduce moisture that
    fosters mold formation in buildings, the State should
    review current State building codes to ensure that they do
    not foster mold.
        (4) Parties providing mold remediation services in
    residential, public, and commercial buildings in Illinois
    should be required to register with the State and provide
    proof of financial responsibility.
        (5) Laboratories performing tests to confirm mold
    contamination in buildings should be certified by the
    American Industrial Hygiene Association using nationally
    recognized accreditation standards set under the
    Environmental Microbiology Laboratory Accreditation
    Section 10. Definitions. As used in this Act:
    "Department" means the Department of Public Health.
    "Mold remediation" means the removal, cleaning,
sanitizing, demolition, or other treatment, including
preventive activities, of mold or mold-containment matter in
    "Preventative activities" include those intended to
prevent future mold contamination of a remediated area,
including applying biocides or anti-microbial compounds.
    Section 15. Reporting requirement. The Department must
report to the Environment and Energy Committees of the House of
Representatives and the Senate, on an annual basis, concerning
the implementation of any federal regulations that establish:
        (1) scientific evidence concerning any health effects
    associated with fungi, bacteria, and their byproducts in
    indoor environments including any indoor air quality
    standard; and
        (2) standards for the training, certification, and
    licensing of parties providing mold remediation services
    in residential, public, and commercial buildings.
    Section 20. Rules. The Department may adopt rules, under
the Illinois Administrative Procedure Act, to implement a
program establishing procedures for parties that provide mold
remediation services to register with the State and provide
evidence of financial responsibility.
    Section 25. Exemptions. The provisions of this Act shall
not apply to (i) home builders and remodelers performing work
on any residential structure, consisting of 4 or fewer
residential units, under the period and terms of the written
warranty of that residential structure or (ii) persons licensed
in accordance with the Structural Pest Control Act.
    Section 99. Effective date. This Act takes effect January
1, 2008.