Last year, Rep. John Conyers of Michigan filed the United States Toxic Mold Act (the “Melina Bill”) and picked up 29 co-sponsors. Highlights of the bill include the creation of mandatory disclosures and inspections for rental properties and for-sale housing, licensing for mold assessors and remediators, tax credits for victims, and a federal insurance guaranty program. The bill did not make it out of committee, but was resubmitted in the House of Representatives this session. For the latest updates on the Melina Bill, contact Rep. Conyers’ office at (202) 225-5126.
Increased media coverage of toxic mold contamination issues has resulted in heightened public awareness. Several states have introduced legislation in response to the outcry. California’s landmark Toxic Mold Act of 2001 became a model for many of these bills. A Maryland bill was adopted which established the Task Force on Indoor Air Quality. Bills also passed in Pennsylvania (Senate Resolution 171 and House Resolution 434) and in New Jersey (Senate Resolution 77). In New York the Toxic Mold Protection Act was recently passed, directing the department of health to create an advisory task force to develop exposure limits for indoor environments. Similar bills in Indiana, Michigan and Illinois are pending in committee.
A pending bill in Massachusetts, Senate Bill 2406, is particularly significant because, in addition to inclusion of the major goals of the California Act, it would also render government liable for defective inspections on buildings that become toxic mold-contaminated.
Bills introduced in Texas include HB 329 (passed in the House) and SB 129 (in committee at press time) relate to the licensing and regulation of mold remediators.
A bill in Connecticut, which would have addressed mold in schools, was defeated last year and Arizona SB 1432 would have created a study group to consider the effects of both commercial and residential indoor mold contamination failed to pass this session.
In Florida the commissioner of insurance held forums to address public and industry concerns about the increase of mold claims. New legislation has since been introduced including HB 1659 to deal with licensing issues and SB 2746 to set up a registration system for all mold professionals.
Strong lobbying in all states by the insurance industry to exclude mold coverage from standard homeowner policies continues. In Texas, hit with several large judgements in 2001, several major insurers left the state after failing to achieve protection from mold claims.
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