Maryland 2023 2023 Regular Session

Maryland House Bill HB976 Enrolled / Bill

Filed 04/11/2023

                     
 
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. 
         Italics indicate opposite chamber/conference committee amendments. 
          *hb0976*  
  
HOUSE BILL 976 
M3   	(3lr1861) 
ENROLLED BILL 
— Environment and Transportation/Education, Energy, and the Environment — 
Introduced by Delegate Henson Delegates Henson, Addison, Allen, Boyce, Davis, 
Foley, Healey, Holmes, Lehman, J. Long, Ruth, Stein, Stewart, and Terrasa 
 
Read and Examined by Proofreaders: 
 
_______________________________________________ 
Proofreader. 
_______________________________________________ 
Proofreader. 
 
Sealed with the Great Seal and presented to the Governor, for his approval this 
  
_______ day of _______________ at ________________________ o’clock, ________M. 
  
______________________________________________ 
Speaker.  
 
CHAPTER ______ 
 
AN ACT concerning 1 
 
Mold Assessment and Remediation – Standards  2 
Workgroup on Mold Standards and Remediation 3 
 
FOR the purpose of requiring the Department of the Environment, in consultation with the 4 
Maryland Department of Health, the Department of Housing and Community 5 
Development, and the Department of General Services certain entities and 6 
individuals, to adopt certain regulations on or before a certain date establishing 7 
uniform standards for mold assessment and remediation; and generally relating to 8 
the establishment of standards for mold assessment and remediation.  9 
 
FOR the purpose of establishing the Workgroup on Mold Standards and Remediation to 10 
study certain information on mold assessment and remediation and report certain 11 
findings and recommendations; and generally relating to the Workgroup on Mold 12 
Standards and Remediation. 13  2 	HOUSE BILL 976  
 
 
 
BY adding to 1 
 Article – Environment 2 
Section 6–1701 and 6–1702 to be under the new subtitle “Subtitle 17. Mold” 3 
 Annotated Code of Maryland 4 
 (2013 Replacement Volume and 2022 Supplement) 5 
 
Preamble 6 
 
 WHEREAS, There are State laws to protect Marylanders from the impact of 7 
exposure to the environmental hazards of radon, asbestos, lead–based paint, and methane 8 
when they are found in the home but not to protect Marylanders from the harmful effects 9 
of exposure to mold; and 10 
 
 WHEREAS, The health effects caused by exposure to mold include, but are not 11 
limited to, chronic lung disease, immune system deficiencies, increased risk of infection, 12 
skin rash, coughing, wheezing, and burning eyes; and 13 
 
 WHEREAS, Currently, at least 15 states and the District of Columbia have indoor 14 
air quality mold regulations, including states with high levels of moisture and humidity 15 
such as Florida and Louisiana; now, therefore, 16 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 17 
That the Laws of Maryland read as follows: 18 
 
Article – Environment 19 
 
SUBTITLE 17. MOLD. 20 
 
6–1701. 21 
 
 (A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 22 
INDICATED. 23 
 
 (B) “DAMPNESS” MEANS ABNORMAL MOIST URE IN THE INTERIOR OF A 24 
FACILITY, INCLUDING: 25 
 
 (1) EXCESSIVE HUMIDITY LE VELS; 26 
 
 (2) LINGERING CONDENSATIO N; 27 
 
 (3) LEAKS; 28 
 
 (4) WATER DAMAGE ; AND 29 
 
 (5) MUSTY OR MOLDY ODORS . 30   	HOUSE BILL 976 	3 
 
 
 
 (C) (1) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT LIVES: 1 
 
 (I) ON PLANT OR ANIMAL MA TTER; OR 2 
 
 (II) IN AN INDOOR ENVIRONM ENT; OR  3 
 
 (III) IN SOIL. 4 
 
 (2) “MOLD” INCLUDES THE FOLLOWING FUNGAL STRAINS: 5 
 
 (I) ALTERNARIA; 6 
 
 (II) ASPERGILLUS; 7 
 
 (III) CHAETOMIUM ;  8 
 
 (III) (IV) CLADOSPORIUM ; 9 
 
 (IV) (V) FUSARIUM; 10 
 
 (V) (VI) MEMNONIELLA ; 11 
 
 (VI) (VII) MUCOR; 12 
 
 (VII) (VIII) PENICILLIUM; 13 
 
 (VIII) (IX) STACHYBOTRYS CHARTARU M; AND 14 
 
 (IX) (X) TRICHODERMA . 15 
 
 (D) “MOLD ASSESSMENT ” MEANS: 16 
 
 (1) AN INSPECTION , AN INVESTIGATION , OR A SURVEY OF A 17 
DWELLING OR OTHER ST RUCTURE TO PROVIDE I NFORMATION TO THE OW NER 18 
REGARDING THE PRESEN CE, IDENTIFICATION , OR EVALUATION OF MOL D; 19 
 
 (2) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN; OR 20 
 
 (3) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE. 21 
 
 (E) “MOLD HAZARD ” MEANS AN ADVERSE HUM AN HEALTH EFFECT 22 
ASSOCIATED WITH MOLD EXPOSURE, INCLUDING POTENTIAL HEALTH EFF ECT OF 23 
MOLD EXPOSURE , INCLUDING: 24 
  4 	HOUSE BILL 976  
 
 
 (1) ALLERGIC REACTIO NS; 1 
 
 (2) ASTHMA; AND 2 
 
 (3) OTHER RESPIRATORY COM PLAINTS. 3 
 
 (F) “MOLD REMEDIATION ” MEANS: 4 
 
 (1) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY 5 
OTHER TREATMENT PERF ORMED TO ADDRESS A M OLD HAZARD , MOLD, OR 6 
DAMPNESS; OR 7 
 
 (2) ABATEMENT OF THE UNDERLYING CAUSE OF A MOLD HAZARD , 8 
MOLD, OR DAMPNESS . 9 
 
6–1702. 10 
 
 (A) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT , IN CONSULTATION 11 
WITH THE MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOUSING 12 
AND COMMUNITY DEVELOPMENT , AND THE DEPARTMENT OF GENERAL SERVICES, 13 
THE U.S. ENVIRONMENTAL PROTECTION AGENCY, INDUSTRIAL HYGIENIST S, AND 14 
OTHER PROFESSIONALS ACTIVELY INVOLVED IN MOLD CONTAMINATION 15 
REMEDIATION , SHALL ADOPT REGULATI ONS ESTABLISHING UNI FORM STANDARDS 16 
FOR MOLD ASSESSMENT AND REMEDIATION . 17 
 
 (B) THE REGULATIONS ADOPTED UNDER THIS SECTION S HALL: 18 
 
 (1) ESTABLISH STANDARDS F OR: 19 
 
 (I) IDENTIFYING AND EVALU ATING THE PRESENCE O F MOLD, 20 
INCLUDING VISIBLE MO LD INSPECTION AND TE STING;  21 
 
 (II) MOLD AIR SAMPLE ANALY SES IN ACCORDANCE WI TH THE 22 
STANDARDS OF : 23 
 
 1. THE ENVIRONMENTAL MICROBIOLOGY 24 
LABORATORY ACCREDITATION PROGRAM AT THE AMERICAN INDUSTRIAL 25 
HYGIENE ASSOCIATION; 26 
 
 2. THE AMERICAN INDOOR AIR QUALITY COUNCIL; OR 27 
 
 3. ANY OTHER NATIONALLY 	RECOGNIZED 28 
ACCREDITATION ENTITY THAT OPERATES INDEPENDENTLY OF IND USTRY TRADE 29 
ASSOCIATIONS; 30   	HOUSE BILL 976 	5 
 
 
 
 (III) BULK OR SURFACE MOLD SAMPLE ANALYSES COND UCTED 1 
IN ACCORDANCE WITH T HE STANDARDS OF : 2 
 
 1. THE AMERICAN INDUSTRIAL HYGIENE 3 
ASSOCIATION; 4 
 
 2. THE AMERICAN CONFERENCE OF GOVERNMENTAL 5 
INDUSTRIAL HYGIENISTS; OR 6 
 
 3. A SIMILAR NATIONALLY R ECOGNIZED PROFESSION AL 7 
ORGANIZATION ; 8 
 
 (IV) VISIBLE MOLD INSPECTI ONS TO ASSESS THE PR ESENCE OF 9 
ANY VISIBLE WATER DA MAGE OR DAMPNESS ON SURFACES, INCLUDING CEILING 10 
TILES AND GYPSUM WAL LBOARD; AND 11 
 
 (V) MOLD REMEDIATION IN ACCOR DANCE WITH THE U.S. 12 
ENVIRONMENTAL PROTECTION AGENCY’S 2008 MOLD REMEDIATION IN SCHOOLS 13 
AND COMMERCIAL BUILDINGS GUIDELINES AS REVISED AND UPDAT ED; AND 14 
 
 (2) ESTABLISH A RISK REDU CTION STANDARD FOR M OLD HAZARDS . 15 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 16 
1, 2023.  17 
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18 
That: 19 
 
 (a) There is a Workgroup on Mold Standards and Remediation. 20 
 
 (b) The purpose of the Workgroup is to study information on mold assessment and 21 
remediation to determine the best practices for identifying mold, preventing the development 22 
of mold within indoor environments, and remediating indoor moldy conditions harmful to 23 
public health. 24 
 
 (c) The Workgroup shall consist of the following members: 25 
 
 (1) the Secretary of the Environment, or the Secretary’s designee; 26 
 
 (2) the Secretary of General Services, or the Secretary’s designee; 27 
 
 (3) the Secretary of Health, or the Secretary’s designee; 28 
  6 	HOUSE BILL 976  
 
 
 (4) the Secretary of Housing and Community Development, or the 1 
Secretary’s designee; and 2 
 
 (5) the Secretary of Labor, or the Secretary’s designee. 3 
 
 (d) The Workgroup may consist of the following members: 4 
 
 (1) one representative designated by the American Industrial Hygiene 5 
Association; 6 
 
 (2) one representative designated by the American Indoor Air Quality 7 
Council; 8 
 
 (3) one representative designated by the American Conference of 9 
Governmental Industrial Hygienists;  10 
 
 (4) one representative designated by the National Organization of 11 
Remediators and Microbial Inspectors; 12 
 
 (5) one representative designated by the Institute of Inspection Cleaning and 13 
Restoration Certification; and  14 
 
 (6) one representative from any other nationally recognized accreditation 15 
entity that operates independently of industry trade associations, designated by the 16 
Department of the Environment. 17 
 
 (e) The Secretary of the Environment, or the Secretary’s designee, shall be the chair 18 
of the Workgroup. 19 
 
 (f) The Department of the Environment shall provide staff for the Workgroup. 20 
 
 (g) A member of the Workgroup: 21 
 
 (1) may not receive compensation as a member of the Workgroup; but 22 
 
 (2) is entitled to reimbursement for expenses under the Standard State 23 
Travel Regulations, as provided in the State budget. 24 
 
 (h) The Workgroup shall: 25 
 
 (1) study information related to mold standards and remediation practices 26 
provided by: 27 
 
 (i) the Environmental Microbiology Laboratory Accreditation 28 
Program in the American Industrial Hygiene Association; 29 
 
 (ii) the American Industrial Hygiene Association; 30   	HOUSE BILL 976 	7 
 
 
 
 (iii) the American Indoor Air Quality Council; 1 
 
 (iv) the American Conference of Governmental Industrial Hygienists; 2 
 
 (v) any other nationally recognized accreditation entities that operate 3 
independently of industry trade associations; 4 
 
 (vi) state governments; and 5 
 
 (vii) international governments; 6 
 
 (2) study the U.S. Environmental Protection Agency’s 2008 Mold 7 
Remediation in Schools and Commercial Buildings Guidelines, as revised and updated;  8 
 
 (3) study the extent to which climate change may increase mold development 9 
within indoor environments; and  10 
 
 (4) recommend the best practices for: 11 
 
 (i) identifying mold; 12 
 
 (ii) preventing the development of mold within indoor environments; 13 
and  14 
 
 (iii) remediating indoor moldy conditions harmful to public health.  15 
 
 (i) On or before October 1, 2024, the Workgroup shall report its findings and 16 
recommendations to the Governor and, in accordance with § 2–1257 of the State Government 17 
Article, the General Assembly. 18 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19 
1, 2023. It shall remain effective for a period of 2 years and, at the end of June 30, 2025, this 20 
Act, with no further action required by the General Assembly, shall be abrogated and of no 21 
further force and effect.  22