Bill Text: IL SB1087 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Mold Remediation Registration Act. Provides that the Department of Public Health shall establish a public awareness campaign to assist the public in understanding the threat and importance of removing mold from indoor environments. Provides requirements for the Department to follow regarding the campaign. Defines terms. Provides that the Department must annually report to the Environment and Energy Committees of the House of Representatives and the Senate concerning the implementation of any federal regulations or State rules (instead of federal regulations) that establish scientific evidence concerning the health effects of mold and its byproducts on the training, certification, and licensing of parties providing mold remediation services. Provides that the Department shall (instead of may) adopt rules 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 (instead of only provide evidence of financial responsibility). Removes language exempting from the provisions of the Act persons licensed under the Structural Pest Control Act.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed) 2024-04-24 - Assigned to Public Health Committee [SB1087 Detail]

Download: Illinois-2023-SB1087-Engrossed.html

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SB1087 Engrossed LRB103 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

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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.

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"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.)

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(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.

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(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.)