Public Act 103-0893
 
SB1087 EnrolledLRB103 05522 CPF 50541 b

    AN ACT concerning health.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Mold Remediation Registration Act is 
amended by changing Sections 5, 10, 15, 20, and 25 and by 
adding Section 16 as follows:
 
    (410 ILCS 105/5)
    Sec. 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 
    Program.
        (6) It is imperative that the citizens of Illinois are 
    aware of the dangers of mold and the need for proper 
    assessment and remediation of indoor environments affected 
    by mold. 
(Source: P.A. 95-456, eff. 1-1-08.)
 
    (410 ILCS 105/10)
    Sec. 10. Definitions. As used in this Act:
    "Department" means the Department of Public Health.
    "Mold" means any form of multicellular fungi found in 
water-damaged indoor environments or water-damaged building 
materials. "Mold" includes Cladosporium, Penicillium, 
Alternaria, Aspergillus, Fusarium, Trichoderma, Memnoniella, 
Mucor, and Stachybotrys chartarum. 
    "Mold remediation" means the removal, cleaning, 
sanitizing, demolition, or other treatment, including 
preventive activities, of mold or mold-containment matter in 
buildings. 
    "Preventative activities" include those intended to 
prevent future mold contamination of a remediated area, 
including applying biocides or anti-microbial compounds.
    "Third-party certification" means a mold remediation 
certification offered by the Institute of Inspection Cleaning 
and Restoration Certification or its successor; the National 
Organization of Remediators and Microbial Inspectors or its 
successor; or any other national nonprofit organization that 
has been approved by the Department. 
(Source: P.A. 95-456, eff. 1-1-08.)
 
    (410 ILCS 105/15)
    Sec. 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 or State rules 
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. 
(Source: P.A. 95-456, eff. 1-1-08.)
 
    (410 ILCS 105/16 new)
    Sec. 16. Public awareness campaign. The Department shall, 
in consultation with appropriate agencies and organizations, 
establish a public awareness campaign to assist the public in 
understanding the threat of mold in indoor environments and 
the importance of removing mold. As part of the campaign, the 
Department shall:
        (1) establish, in accordance with rules adopted under 
    this Act, a public awareness campaign on the dangers of 
    mold, as well as the potential toxic compounds that they 
    can emit and produce, and, as part of the campaign, 
    disseminate information via brochures and the Department's 
    website;
        (2) provide reference to and contact information for 
    organizations or government agencies that can provide the 
    public with information pertaining to the health effects 
    of mold, mold testing methods, or accredited industry 
    standards for the remediation of mold; and
        (3) perform every 5 years, in accordance with rules 
    adopted under this Act, a review of the technology or 
    treatment techniques for mold identification and 
    remediation that provide additional protections to public 
    health and safety and include, as part of that review, an 
    examination of any new scientific evidence that indicates 
    that mold may present a greater health risk to the public 
    than previously determined.
 
    (410 ILCS 105/20)
    Sec. 20. Rules. The Department shall 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 an active third-party certification and 
evidence of financial responsibility.
(Source: P.A. 95-456, eff. 1-1-08.)
 
    (410 ILCS 105/25)
    Sec. 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.
(Source: P.A. 95-456, eff. 1-1-08.)