EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0976*
HOUSE BILL 976
M3 3lr1861
By: Delegate Henson
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
A BILL ENTITLED
AN ACT concerning 1
Mold Assessment and Remediation – Standards 2
FOR the purpose of requiring the Department of the Environment, in consultation with the 3
Maryland Department of Health, the Department of Housing and Community 4
Development, and the Department of General Services, to adopt certain regulations 5
on or before a certain date establishing uniform standards for mold assessment and 6
remediation; and generally relating to the establishment of standards for mold 7
assessment and remediation. 8
BY adding to 9
Article – Environment 10
Section 6–1701 and 6–1702 to be under the new subtitle “Subtitle 17. Mold” 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2022 Supplement) 13
Preamble 14
WHEREAS, There are State laws to protect Marylanders from the impact of 15
exposure to the environmental hazards of radon, asbestos, lead–based paint, and methane 16
when they are found in the home but not to protect Marylanders from the harmful effects 17
of exposure to mold; and 18
WHEREAS, The health effects caused by exposure to mold include, but are not 19
limited to, chronic lung disease, immune system deficiencies, increased risk of infection, 20
skin rash, coughing, wheezing, and burning eyes; and 21
WHEREAS, Currently, at least 15 states and the District of Columbia have indoor 22
air quality mold regulations, including states with high levels of moisture and humidity 23
such as Florida and Louisiana; now, therefore, 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 2 HOUSE BILL 976
That the Laws of Maryland read as follows: 1
Article – Environment 2
SUBTITLE 17. MOLD. 3
6–1701. 4
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(B) “DAMPNESS” MEANS ABNORMAL MOIST URE IN THE INTERIOR OF A 7
FACILITY, INCLUDING: 8
(1) EXCESSIVE HUMIDITY LE VELS; 9
(2) LINGERING CONDENSATION ; 10
(3) LEAKS; 11
(4) WATER DAMAGE ; AND 12
(5) MUSTY OR MOLDY ODORS . 13
(C) (1) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT LIVES: 14
(I) ON PLANT OR ANIMAL MA TTER; OR 15
(II) IN AN INDOOR ENVIRONM ENT. 16
(2) “MOLD” INCLUDES: 17
(I) ALTERNARIA; 18
(II) ASPERGILLUS; 19
(III) CLADOSPORIUM ; 20
(IV) FUSARIUM; 21
(V) MEMNONIELLA ; 22
(VI) MUCOR; 23
HOUSE BILL 976 3
(VII) PENICILLIUM; 1
(VIII) STACHYBOTRYS CHARTARU M; AND 2
(IX) TRICHODERMA . 3
(D) “MOLD ASSESSMENT ” MEANS: 4
(1) AN INSPECTION , AN INVESTIGATION , OR A SURVEY OF A 5
DWELLING OR OTHER ST RUCTURE TO PROVIDE I NFORMATION TO THE OW NER 6
REGARDING THE PRESEN CE, IDENTIFICATION , OR EVALUATION OF MOL D; 7
(2) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR 8
(3) THE COLLECTION OR ANA LYSIS OF A MOLD SAMPLE. 9
(E) “MOLD HAZARD ” MEANS AN ADVERSE HUM AN HEALTH EFFECT 10
ASSOCIATED WITH MOLD EXPOSURE, INCLUDING: 11
(1) ALLERGIC REACTIONS ; 12
(2) ASTHMA; AND 13
(3) OTHER RESPIRATORY COM PLAINTS. 14
(F) “MOLD REMEDIATION ” MEANS: 15
(1) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 16
OTHER TREATMENT PERF ORMED TO ADDRESS A M OLD HAZARD , MOLD, OR 17
DAMPNESS; OR 18
(2) ABATEMENT OF THE UNDE RLYING CAUSE OF A MO LD HAZARD, 19
MOLD, OR DAMPNESS . 20
6–1702. 21
(A) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT , IN CONSULTATION 22
WITH THE MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOUSING 23
AND COMMUNITY DEVELOPMENT , AND THE DEPARTMENT OF GENERAL SERVICES, 24
SHALL ADOPT REGULATI ONS ESTABLISHING UNI FORM STANDARDS FOR M OLD 25
ASSESSMENT AND REMED IATION. 26
(B) THE REGULATI ONS ADOPTED UNDER TH IS SECTION SHALL: 27 4 HOUSE BILL 976
(1) ESTABLISH STANDARDS F OR: 1
(I) IDENTIFYING AND EVALU ATING THE PRESENCE O F MOLD, 2
INCLUDING VISIBLE MO LD INSPECTION AND TE STING; 3
(II) MOLD AIR SAMPLE ANALY SES IN ACCORDANCE WI TH THE 4
STANDARDS OF : 5
1. THE ENVIRONMENTAL MICROBIOLOGY 6
LABORATORY ACCREDITATION PROGRAM AT THE AMERICAN INDUSTRIAL 7
HYGIENE ASSOCIATION; 8
2. THE AMERICAN INDOOR AIR QUALITY COUNCIL; OR 9
3. ANY OTHER NATIONALLY RECOGNIZED 10
ACCREDITATION ENTITY THAT OPERATES INDEPE NDENTLY OF IN DUSTRY TRADE 11
ASSOCIATIONS; 12
(III) BULK OR SURFACE MOLD SAMPLE ANALYSES COND UCTED 13
IN ACCORDANCE WITH T HE STANDARDS OF : 14
1. THE AMERICAN INDUSTRIAL HYGIENE 15
ASSOCIATION; 16
2. THE AMERICAN CONFERENCE OF GOVERNMENTAL 17
INDUSTRIAL HYGIENISTS; OR 18
3. A SIMILAR NATIONALLY R ECOGNIZED PROFESSION AL 19
ORGANIZATION ; 20
(IV) VISIBLE MOLD INSPECTI ONS TO ASSESS THE PR ESENCE OF 21
ANY VISIBLE WATER DA MAGE OR DAMPNESS ON SURFACES, INCLUDING CEILING 22
TILES AND GYPSUM WAL LBOARD; AND 23
(V) MOLD REMEDIATION IN A CCORDANC E WITH THE U.S. 24
ENVIRONMENTAL PROTECTION AGENCY’S 2008 MOLD REMEDIATION IN SCHOOLS 25
AND COMMERCIAL BUILDINGS GUIDELINES AS REVISED AND UPDAT ED; AND 26
(2) ESTABLISH A RISK REDU CTION STANDARD FOR M OLD HAZARDS . 27
SECTION 2. AND BE IT FURTHER ENACTED, That thi s Act shall take effect July 28
1, 2023. 29
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