WES MOORE, Governor Ch. 347
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Chapter 347
(House Bill 976)
AN ACT concerning
Mold Assessment and Remediation – Standards
Workgroup on Mold Standards and Remediation
FOR the purpose of requiring the Department of the Environment, in consultation with the
Maryland Department of Health, the Department of Housing and Community
Development, and the Department of General Services certain entities and
individuals, to adopt certain regulations on or before a certain date establishing
uniform standards for mold assessment and remediation; and generally relating to
the establishment of standards for mold assessment and remediation.
FOR the purpose of establishing the Workgroup on Mold Standards and Remediation to
study certain information on mold assessment and remediation and report certain
findings and recommendations; and generally relating to the Workgroup on Mold
Standards and Remediation.
BY adding to
Article – Environment
Section 6–1701 and 6–1702 to be under the new subtitle “Subtitle 17. Mold”
Annotated Code of Maryland
(2013 Replacement Volume and 2022 Supplement)
Preamble
WHEREAS, There are State laws to protect Marylanders from the impact of
exposure to the environmental hazards of radon, asbestos, lead–based paint, and methane
when they are found in the home but not to protect Marylanders from the harmful effects
of exposure to mold; and
WHEREAS, The health effects caused by exposure to mold include, but are not
limited to, chronic lung disease, immune system deficiencies, increased risk of infection,
skin rash, coughing, wheezing, and burning eyes; and
WHEREAS, Currently, at least 15 states and the District of Columbia have indoor
air quality mold regulations, including states with high levels of moisture and humidity
such as Florida and Louisiana; now, therefore,
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Environment
Ch. 347 2023 LAWS OF MARYLAND
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SUBTITLE 17. MOLD.
6–1701.
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(B) “DAMPNESS” MEANS ABNORMAL MOIST URE IN THE INTERIOR OF A
FACILITY, INCLUDING:
(1) EXCESSIVE HUMIDITY LE VELS;
(2) LINGERING CONDENSATIO N;
(3) LEAKS;
(4) WATER DAMAGE ; AND
(5) MUSTY OR MOLDY ODORS .
(C) (1) “MOLD” MEANS A FORM OF MULT ICELLULAR FUNGI THAT LIVES:
(I) ON PLANT OR ANIMAL MA TTER; OR
(II) IN AN INDOOR ENVIRONM ENT; OR
(III) IN SOIL.
(2) “MOLD” INCLUDES THE FOLLOWING FUNGAL STR AINS:
(I) ALTERNARIA;
(II) ASPERGILLUS;
(III) CHAETOMIUM ;
(III) (IV) CLADOSPORIUM ;
(IV) (V) FUSARIUM;
(V) (VI) MEMNONIELLA ;
(VI) (VII) MUCOR;
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(VII) (VIII) PENICILLIUM;
(VIII) (IX) STACHYBOTRYS CHARTARUM ; AND
(IX) (X) TRICHODERMA .
(D) “MOLD ASSESSMENT ” MEANS:
(1) AN INSPECTION , AN INVESTIGATION , OR A SURVEY OF A
DWELLING OR OTHER ST RUCTURE TO PROVIDE I NFORMATION TO THE OW NER
REGARDING THE PRESEN CE, IDENTIFICATION , OR EVALUATION OF MOL D;
(2) THE DEVELOPMENT OF A MOLD MANAGEMENT PLAN ; OR
(3) THE COLLECTION OR ANA LYSIS OF A MOLD SAMP LE.
(E) “MOLD HAZARD ” MEANS AN ADVERSE HUM AN HEALTH EFFECT
ASSOCIATED WITH MOLD EXPOSURE, INCLUDING POTENTIAL HEALTH EFF ECT OF
MOLD EXPOSURE , INCLUDING:
(1) ALLERGIC REACTIONS ;
(2) ASTHMA; AND
(3) OTHER RESPIRATORY COM PLAINTS.
(F) “MOLD REMEDIATION ” MEANS:
(1) REMOVING, CLEANING, SANITIZING, DEMOLISHING , OR ANY
OTHER TREATMENT PERF ORMED TO ADDRESS A M OLD HAZARD , MOLD, OR
DAMPNESS; OR
(2) ABATEMENT OF THE UNDE RLYING CAUSE OF A MO LD HAZARD,
MOLD, OR DAMPNESS .
6–1702.
(A) ON OR BEFORE JUNE 1, 2025, THE DEPARTMENT , IN CONSULTATION
WITH THE MARYLAND DEPARTMENT OF HEALTH, THE DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT , AND THE DEPARTMENT OF GENERAL SERVICES,
THE U.S. ENVIRONMENTAL PROTECTION AGENCY, INDUSTRIAL HYGIENIST S, AND
OTHER PROFESSIONALS ACTIVELY INVOLVED IN MOLD CONTAMINATION
REMEDIATION , SHALL ADOPT REGULATI ONS ESTABLISHING UNI FORM STANDARDS
FOR MOLD ASSESSMENT AND REMEDIATION . Ch. 347 2023 LAWS OF MARYLAND
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(B) THE REGULATIONS ADOPT ED UNDER THIS SECTIO N SHALL:
(1) ESTABLISH STANDARDS F OR:
(I) IDENTIFYING AND EVALU ATING THE PRESENCE O F MOLD,
INCLUDING VISIBLE MO LD INSPECTION AND TE STING;
(II) MOLD AIR SAMPLE ANALY SES IN ACCORDANCE WI TH THE
STANDARDS OF:
1. THE ENVIRONMENTAL MICROBIOLOGY
LABORATORY ACCREDITATION PROGRAM AT THE AMERICAN INDUSTRIAL
HYGIENE ASSOCIATION;
2. THE AMERICAN INDOOR AIR QUALITY COUNCIL; OR
3. ANY OTHER NATIONALLY RECOGNIZED
ACCREDITATION ENTITY THAT OPERATES INDEPENDENTLY OF IND USTRY TRADE
ASSOCIATIONS;
(III) BULK OR SURFACE MOLD SAMPLE ANALYSES COND UCTED
IN ACCORDANCE WITH T HE STANDARDS OF :
1. THE AMERICAN INDUSTRIAL HYGIENE
ASSOCIATION;
2. THE AMERICAN CONFERENCE OF GOVERNMENTAL
INDUSTRIAL HYGIENISTS; OR
3. A SIMILAR NATIONALLY R ECOGNIZED PROFESSION AL
ORGANIZATION ;
(IV) VISIBLE MOLD INSPECTI ONS TO ASSESS THE PR ESENCE OF
ANY VISIBLE WATER DA MAGE OR DAMPNESS ON SURFACES, INCLUDING CEILING
TILES AND GYPSUM WAL LBOARD; AND
(V) MOLD REMEDIATION IN ACCOR DANCE WITH THE U.S.
ENVIRONMENTAL PROTECTION AGENCY’S 2008 MOLD REMEDIATION IN SCHOOLS
AND COMMERCIAL BUILDINGS GUIDELINES AS REVISED AND UPDAT ED; AND
(2) ESTABLISH A RISK REDU CTION STANDARD FOR M OLD HAZARDS .
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SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023.
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That:
(a) There is a Workgroup on Mold Standards and Remediation.
(b) The purpose of the Workgroup is to study information on mold assessment and
remediation to determine the best practices for identifying mold, preventing the development
of mold within indoor environments, and remediating indoor moldy conditions harmful to
public health.
(c) The Workgroup shall consist of the following members:
(1) the Secretary of the Environment, or the Secretary’s designee;
(2) the Secretary of General Services, or the Secretary’s designee;
(3) the Secretary of Health, or the Secretary’s designee;
(4) the Secretary of Housing and Community Development, or the
Secretary’s designee; and
(5) the Secretary of Labor, or the Secretary’s designee.
(d) The Workgroup may consist of the following members:
(1) one representative designated by the American Industrial Hygiene
Association;
(2) one representative designated by the American Indoor Air Quality
Council;
(3) one representative designated by the American Conference of
Governmental Industrial Hygienists;
(4) one representative designated by the National Organization of
Remediators and Microbial Inspectors;
(5) one representative designated by the Institute of Inspection Cleaning and
Restoration Certification; and
(6) one representative from any other nationally recognized accreditation
entity that operates independently of industry trade associations, designated by the
Department of the Environment. Ch. 347 2023 LAWS OF MARYLAND
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(e) The Secretary of the Environment, or the Secretary’s designee, shall be the chair
of the Workgroup.
(f) The Department of the Environment shall provide staff for the Workgroup.
(g) A member of the Workgroup:
(1) may not receive compensation as a member of the Workgroup; but
(2) is entitled to reimbursement for expenses under the Standard State
Travel Regulations, as provided in the State budget.
(h) The Workgroup shall:
(1) study information related to mold standards and remediation practices
provided by:
(i) the Environmental Microbiology Laboratory Accreditation
Program in the American Industrial Hygiene Association;
(ii) the American Industrial Hygiene Association;
(iii) the American Indoor Air Quality Council;
(iv) the American Conference of Governmental Industrial Hygienists;
(v) any other nationally recognized accreditation entities that operate
independently of industry trade associations;
(vi) state governments; and
(vii) international governments;
(2) study the U.S. Environmental Protection Agency’s 2008 Mold
Remediation in Schools and Commercial Buildings Guidelines, as revised and updated;
(3) study the extent to which climate change may increase mold development
within indoor environments; and
(4) recommend the best practices for:
(i) identifying mold;
(ii) preventing the development of mold within indoor environments;
and WES MOORE, Governor Ch. 347
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(iii) remediating indoor moldy conditions harmful to public health.
(i) On or before October 1, 2024, the Workgroup shall report its findings and
recommendations to the Governor and, in accordance with § 2–1257 of the State Government
Article, the General Assembly.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2023. It shall remain effective for a period of 2 years and, at the end of June 30, 2025, this
Act, with no further action required by the General Assembly, shall be abrogated and of no
further force and effect.
Approved by the Governor, May 3, 2023.