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Public Act 103-0893


 

Public Act 0893 103RD GENERAL ASSEMBLY

 


 
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.)

Effective Date: 1/1/2025