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The Cohen Group Newsletter - Volume 4  Issue 3, Article 3.  September 2002

Toxic Mold Safety and Protection Act - the Federal Bill

Tim Bormann, CIH

It was only a matter of time. Federal legislation on mold has recently been introduced through House Resolution bill 5040 (H.R. 5040), called the United States Toxic Mold Safety and Protection Act of 2002 or the Melina Bill. The bill is authored by Rep. John Conyers of Michigan with numerous co-authors. This (perhaps overly?) ambitious legislation covers many mold-related issues.

The provisions are for studying the health effects of indoor mold growth and toxic mold and providing public education programs.

However, there is significantly more in the bill. There are several provisions addressing insurance. The bill would create a "toxic" mold insurance program through the Federal Emergency Management Agency and establish a National Toxic Mold Hazard Insurance Fund. There are also provisions to assist qualifying insurers to form a federally-assisted toxic mold hazard insurance pool.

The bill broadly defines "toxic mold" as any "indoor mold growth capable of creating toxins that can cause pulmonary, respiratory, neurological or other major illnesses after minimal exposures…". However, there is currently no consensus within the scientific community as to what constitutes "toxic mold" or "minimal exposures". There are an estimated 1.5 million fungal species of which only about 100,000 have been identified. In recent testimony before a U.S. House of Representatives oversight hearing on the issue of mold, Dr. Stephen Redd from the CDC stated, "There are no acceptable standards for mold sampling environments or for analyzing and interpreting the data in terms of human health". He went on to say, "It is not known what quantity of mold is acceptable in indoor environments with respect to health. For these reasons, and because individuals have different sensitivities to molds, setting standards and guidelines for indoor mold exposures is difficult and may not be practical."

The bill directs the EPA to make grants to states and local governments for mold remediation in buildings owned or leased by government agencies including schools and multi-family dwellings. If the bill is passed as it now stands, beginning in 2004 rental property lessors will be required to conduct annual indoor inspections for mold. The bill also establishes an indoor/toxic mold inspection requirement with respect to federally made or insured mortgages.

Under the proposed bill the EPA (in conjunction with "appropriate Federal agencies") will promulgate standards for mold inspection, mold remediation, testing the toxicity of mold and protection of mold remediators. Standards for certification of mold inspectors, mold remediators, mold testing labs, mold risk assessors and industrial hygienists involved with mold remediation planning will be established. In addition standards for the design, installation and maintenance of air ventilation and/or air-conditioning systems to prevent mold growth will be established. The bill would also provide for industry standards development for building products that are designed to retard mold growth.

 The problem with this bill is that it is based on assumptions regarding health effects and exposures to mold that have no current scientific basis. Therefore, setting standards and protocols for inspections, remediation, building products and ventilation systems and establishing federal insurance assistance programs is not justified by the scientific literature. Additional research is needed to determine if such actions are necessary.

Currently the bill is in several House committees including the Subcommittee on Environmental and Hazardous Materials and the Subcommittee on Housing and Community Opportunity. It is much too early to tell what the ultimate fate of this bill will be. It is highly unlikely this bill will pass in 2002. However, with all the media and public attention on mold issues, some version of this bill may be passed in 2003.

As discussed in previous Current Issues (see November 2001 issue), California passed the controversial Toxic Mold Protection Act of 2001 (SB 732), which requires the Department of Health Services (DHS) to establish a mold task force to advise the DHS on standards for exposure to mold, including protocols for sampling, identification and remediation of mold. The bill also requires the disclosure of the presence of mold growth in real estate, either sale or rental. The implementation of the bill depended on funding. At this time, the state 2002-2003 budget does not provide for funding of these activities. There is a trailer budget currently bill in the State Assembly, that if passed would create the "Public Health Protection from Indoor Mold Hazards Fund" which would accept voluntary contributions from any person or other entity that wished to support DHS mold-related activities.

There's a lot going on in the mold legislation arena. Legislation on mold has been proposed in several different states. It is likely proposals to establish standards for mold will be ongoing for years to come. We will keep you informed.