EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0976*
HOUSE BILL 976
M3 3lr1861
By: Delegate Henson Delegates Henson, Addison, Allen, Boyce, Davis, Foley,
Healey, Holmes, Lehman, J. Long, Ruth, Stein, Stewart, and Terrasa
Introduced and read first time: February 10, 2023
Assigned to: Environment and Transportation
Committee Report: Favorable with amendments
House action: Adopted
Read second time: March 11, 2023
CHAPTER ______
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 Serv ices certain entities and 5
individuals, to adopt certain regulations on or before a certain date establishing 6
uniform standards for mold assessment and remediation; and generally relating to 7
the establishment of standards for mold 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
2 HOUSE BILL 976
WHEREAS, The health effects caused by exposure to mold include, but are not 1
limited to, chronic lung disease, immune system deficiencies, increased risk of infection, 2
skin rash, coughing, wheezing, and burning eyes; and 3
WHEREAS, Currently, at least 15 states and the District of Columbia have indoor 4
air quality mold regulations, including states with high levels of moisture and humidity 5
such as Florida and Louisiana; now, therefore, 6
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 7
That the Laws of Maryland read as follows: 8
Article – Environment 9
SUBTITLE 17. MOLD. 10
6–1701. 11
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(B) “DAMPNESS” MEANS ABNORMAL MOIST URE IN THE INTERIOR OF A 14
FACILITY, INCLUDING: 15
(1) EXCESSIVE HUMIDITY LE VELS; 16
(2) LINGERING CONDENSATION ; 17
(3) LEAKS; 18
(4) WATER DAMAGE ; AND 19
(5) MUSTY OR MOLDY ODORS . 20
(C) (1) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT LIVES: 21
(I) ON PLANT OR ANIMAL MA TTER; OR 22
(II) IN AN INDOOR ENVIRONM ENT; OR 23
(III) IN SOIL. 24
(2) “MOLD” INCLUDES THE FOLLOWING FUNGAL STRAINS: 25
(I) ALTERNARIA; 26
HOUSE BILL 976 3
(II) ASPERGILLUS; 1
(III) CHAETOMIUM ; 2
(III) (IV) CLADOSPORIUM ; 3
(IV) (V) FUSARIUM; 4
(V) (VI) MEMNONIELLA ; 5
(VI) (VII) MUCOR; 6
(VII) (VIII) PENICILLIUM; 7
(VIII) (IX) STACHYBOTRYS CHARTARU M; AND 8
(IX) (X) TRICHODERMA . 9
(D) “MOLD ASSESSMENT ” MEANS: 10
(1) AN INSPECTION , AN INVESTIGATION , OR A SURVEY OF A 11
DWELLING OR OTHER ST RUCTURE TO PROVIDE I NFORMATION TO THE OW NER 12
REGARDING THE PRESEN CE, IDENTIFICATION , OR EVALUATION OF MOLD ; 13
(2) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR 14
(3) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE. 15
(E) “MOLD HAZARD ” MEANS AN ADVERSE HUMAN HEALTH EFFECT 16
ASSOCIATED WITH MOLD EXPOSURE, INCLUDING POTENTIAL HEALTH EFF ECT OF 17
MOLD EXPOSURE, INCLUDING: 18
(1) ALLERGIC REACTIONS ; 19
(2) ASTHMA; AND 20
(3) OTHER RESPIRATORY COM PLAINTS. 21
(F) “MOLD REMEDIATION ” MEANS: 22
(1) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 23
OTHER TREATMENT PERF ORMED TO ADDRESS A M OLD HAZARD , MOLD, OR 24
DAMPNESS; OR 25
4 HOUSE BILL 976
(2) ABATEMENT OF THE UNDE RLYING CAUSE OF A MO LD HAZARD, 1
MOLD, OR DAMPNESS . 2
6–1702. 3
(A) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT , IN CONSULTATION 4
WITH THE MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOUSING 5
AND COMMUNITY DEVELOPMENT , AND THE DEPARTMENT OF GENERAL SERVICES, 6
THE U.S. ENVIRONMENTAL PROTECTION AGENCY, INDUSTRIAL HYGIENIST S, AND 7
OTHER PROFESSIONALS ACTIVELY INVOLVED IN MOLD CONTAMINATION 8
REMEDIATION , SHALL ADOPT REGULATI ONS ESTABLISHING UNI FORM STANDARDS 9
FOR MOLD ASSESSMENT AND REMEDIATION . 10
(B) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL: 11
(1) ESTABLISH STANDARDS F OR: 12
(I) IDENTIFYING AND EVALU ATING THE PRESENCE O F MOLD, 13
INCLUDING VISIBLE MO LD INSPECTION AND TE STING; 14
(II) MOLD AIR SAMPLE ANALY SES IN ACCORDANCE WI TH THE 15
STANDARDS OF : 16
1. THE ENVIRONMENTAL MICROBIOLOGY 17
LABORATORY ACCREDITATION PROGRAM AT THE AMERICAN INDUSTRIAL 18
HYGIENE ASSOCIATION; 19
2. THE AMERICAN INDOOR AIR QUALITY COUNCIL; OR 20
3. ANY OTHER NATIONALLY RECOGNIZED 21
ACCREDITATION ENTITY THAT OPERATES INDEPE NDENTLY OF INDUSTRY TRADE 22
ASSOCIATIONS; 23
(III) BULK OR SURFACE MOLD SAMPLE ANA LYSES CONDUCTED 24
IN ACCORDANCE WITH T HE STANDARDS OF : 25
1. THE AMERICAN INDUSTRIAL HYGIENE 26
ASSOCIATION; 27
2. THE AMERICAN CONFERENCE OF GOVERNMENTAL 28
INDUSTRIAL HYGIENISTS; OR 29
3. A SIMILAR NATIONALLY R ECOGNIZED PROFESSION AL 30
ORGANIZATION ; 31 HOUSE BILL 976 5
(IV) VISIBLE MOLD INSPECTI ONS TO ASSESS THE PR ESENCE OF 1
ANY VISIBLE WATER DA MAGE OR DAMPNESS ON SURFACES, INCLUDING CEILING 2
TILES AND GYPSUM WAL LBOARD; AND 3
(V) MOLD REMEDIATION IN A CCORDANCE WITH THE U.S. 4
ENVIRONMENTAL PROTECTION AGENCY’S 2008 MOLD REMEDIATION IN SCHOOLS 5
AND COMMERCIAL BUILDINGS GUIDELINES AS REVISED AND UPDAT ED; AND 6
(2) ESTABLISH A RISK REDU CTION STANDARD FOR M OLD HAZARDS . 7
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 8
1, 2023. 9
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.