EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0575*
SENATE BILL 575
F1, J1 2lr2515
CF 2lr2429
By: Senator Klausmeier
Introduced and read first time: February 2, 2022
Assigned to: Education, Health, and Environmental Affairs
A BILL ENTITLED
AN ACT concerning 1
Public Schools – Mold Assessment and Remediation 2
FOR the purpose of requiring the State Department of Education, in consultation with the 3
Maryland Department of Health and the Department of General Services, to adopt 4
regulations on or before a certain date establishing uniform standards for mold 5
assessment and remediation in public schools, including requiring each county board 6
of education to establish a process for reporting and assessing potential mold in a 7
public school and remediating mold identified during a mold assessment; requiring 8
a county board and the State Department of Education, on receipt of the results of a 9
mold assessment, to post the results online in a certain manner; and generally 10
relating to mold assessment and remediation in public schools. 11
BY adding to 12
Article – Education 13
Section 7–418 14
Annotated Code of Maryland 15
(2018 Replacement Volume and 2021 Supplement) 16
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17
That the Laws of Maryland read as follows: 18
Article – Education 19
7–418. 20
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 21
INDICATED. 22
(2) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT LIVES: 23
2 SENATE BILL 575
(I) ON PLANT OR ANIMAL MA TTER; OR 1
(II) IN AN INDOOR ENVIRONM ENT. 2
(3) “MOLD ASSESSMENT ” MEANS: 3
(I) AN INSPECTION, AN INVESTIGATION , OR A SURVEY OF A 4
PUBLIC SCHOOL TO PRO VIDE INFORMATION TO THE COUNTY BOARD REG ARDING 5
THE PRESENCE , IDENTIFICATION , OR EVALUATION OF MOL D AT THE SCHO OL; 6
(II) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR 7
(III) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE. 8
(4) “MOLD REMEDIATION ” MEANS: 9
(I) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 10
OTHER TREATMENT PERF ORMED TO ADDRESS MOL D; OR 11
(II) ABATEMENT OF THE UNDE RLYING CAUSE OF MOLD . 12
(B) (1) ON OR BEFORE JUNE 1, 2023, THE DEPARTMENT , IN 13
CONSULTATION WITH TH E MARYLAND DEPARTMENT OF HEALTH AND THE 14
DEPARTMENT OF GENERAL SERVICES, SHALL ADOPT REGULATI ONS ESTABLISHING 15
UNIFORM STANDARDS FO R MOLD ASSESSMENT AND REMEDIATION IN PUBLI C 16
SCHOOLS. 17
(2) THE REGULATIONS ADOPT ED UNDER THIS SUBSEC TION SHALL: 18
(I) ESTABLISH STANDARDS F OR: 19
1. IDENTIFYING AND EVALU ATING THE PRESENCE O F 20
MOLD, INCLUDING VISIBLE MO LD INSPECTIONS AND T ESTING; AND 21
2. MOLD REMEDIATION IN A CCORDANCE WITH THE U.S. 22
ENVIRONMENTAL PROTECTION AGENCY’S 2008 MOLD REMEDIATION IN SCHOOLS 23
AND COMMERCIAL BUILDINGS GUIDELINE A S REVISED AND UPDATE D; AND 24
(II) REQUIRE EACH COUNTY B OARD TO: 25
1. ESTABLISH A FORMAL PR OCESS FO R REPORTING 26
POTENTIAL MOLD IN A PUBLIC SCHOOL ; 27
SENATE BILL 575 3
2. AS SOON AS PRACTICABL E AFTER RECEIVING A 1
REPORT OF POTENTIAL MOLD IN A PUBLIC SCH OOL, HIRE A PROFESSIONAL 2
CERTIFIED TO PERFORM MOLD ASSESSMENTS TO CONDUCT A VISUAL INS PECTION 3
OF THE AREA WITH POT ENTIAL MOLD; 4
3. REMEDIATE ANY MOLD ID ENTIFIED IN A MOLD 5
ASSESSMENT REQUIRED UNDER ITEM 2 OF THIS ITEM; AND 6
4. PAY THE COSTS OF THE MOLD ASSESSMENTS AND 7
MOLD REMEDIATION REQ UIRED ITEMS 2 AND 3 OF THIS ITEM. 8
(C) (1) ON RECEIPT OF THE RES ULTS OF A MOLD ASSESSMENT, A COUNTY 9
BOARD SHALL : 10
(I) POST THE RESULTS ON I TS WEBSITE; AND 11
(II) SUBMIT THE RESULTS TO THE DEPARTMENT . 12
(2) ON RECEIPT OF THE RES ULTS OF A MOLD ASSES SMENT FROM A 13
COUNTY BOARD UNDER P ARAGRAPH (1) OF THIS SUBSECTION , THE DEPARTMENT 14
SHALL POST THE RESULT S ON ITS WEBSITE. 15
(3) THE RESULTS POSTED UN DER PARAGRAPHS (1) AND (2) OF THIS 16
SUBSECTION SHALL BE : 17
(I) WRITTEN IN A MANNER T HAT IS CLEAR AND EAS Y FOR THE 18
PUBLIC TO UNDERSTAND ; AND 19
(II) POSTED IN A CONSPICUO US LOCATION THAT I S EASY FOR 20
THE PUBLIC TO FIND A ND ACCESS. 21
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 22
1, 2022. 23