Bill Text: IL HB4476 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Mold Remediation Registration Act. Provides that the Department of Public Health shall establish a public awareness campaign to assist the public in understanding the threat and importance of removing mold from indoor environments. Provides requirements for the Department to follow regarding the campaign. Defines terms. Provides that the Department must report, annually, to the Environment and Energy Committees of the House of Representatives and the Senate concerning the implementation of any federal regulations or State rules (instead of federal regulations) that establish scientific evidence concerning the health effects of mold and its byproducts on the training, certification, and licensing of parties providing mold remediation services. Provides that the Department shall (instead of may) adopt rules to implement a program establishing procedures for parties that provide mold remediation services to register with the State and provide evidence of an active third-party certification and evidence of financial responsibility (instead of only provide evidence of financial responsibility). Removes language exempting from the provisions of the Act persons licensed under the Structural Pest Control Act.

Spectrum: Moderate Partisan Bill (Democrat 9-2)

Status: (Engrossed) 2024-05-15 - Added as Alternate Chief Co-Sponsor Sen. Jil Tracy [HB4476 Detail]

Download: Illinois-2023-HB4476-Engrossed.html

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HB4476 Engrossed LRB103 36190 JAG 66282 b
AN ACT concerning health.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mold Remediation Registration Act is
amended by changing Sections 5, 10, 15, 20, and 25 and by
adding Section 16 as follows:
(410 ILCS 105/5)
Sec. 5. Findings. The General Assembly finds that:
(1) Excessive indoor dampness in buildings is a
widespread problem that warrants action at the local,
State, and national levels.
(2) Because of the public's concern about the possible
public health effects of exposure to mold in buildings, as
well as the effects on workers performing remediation
work, and the costs of remediation for the property owner,
there is a need to identify parties performing mold
remediation in the State.
(3) Because there is a need to reduce moisture that
fosters mold formation in buildings, the State should
review current State building codes to ensure that they do
not foster mold.
(4) Parties providing mold remediation services in
residential, public, and commercial buildings in Illinois

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should be required to register with the State and provide
proof of financial responsibility.
(5) Laboratories performing tests to confirm mold
contamination in buildings should be certified by the
American Industrial Hygiene Association using nationally
recognized accreditation standards set under the
Environmental Microbiology Laboratory Accreditation
Program.
(6) It is imperative that the citizens of Illinois are
aware of the dangers of mold and the need for proper
assessment and remediation.
(Source: P.A. 95-456, eff. 1-1-08.)
(410 ILCS 105/10)
Sec. 10. Definitions. As used in this Act:
"Department" means the Department of Public Health.
"Mold" means any form of multi-cellular fungi in indoor
environments, including Cladosporium, penicillium,
alternaria, aspergillus, fusarium, Trichoderma, memnoniella,
mucor, and stachybotrys chartarum, often found in
water-damaged indoor environments and building materials.
"Mold remediation" means the removal, cleaning,
sanitizing, demolition, or other treatment, including
preventive activities, of mold or mold-containment matter in
buildings.
"Preventative activities" include those intended to

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prevent future mold contamination of a remediated area,
including applying biocides or anti-microbial compounds.
"Third-party certification" means a mold remediation
certification offered by the Institute of Inspection Cleaning
and Restoration Certification, or its successor entity; the
National Organization of Remediators and Microbial Inspectors,
or its successor entity; or any other national nonprofit
organization that has been approved by the Department.
(Source: P.A. 95-456, eff. 1-1-08.)
(410 ILCS 105/15)
Sec. 15. Reporting requirement. The Department must report
to the Environment and Energy Committees of the House of
Representatives and the Senate, on an annual basis, concerning
the implementation of any federal regulations or State rules
that establish:
(1) scientific evidence concerning any health effects
associated with fungi, bacteria, and their byproducts in
indoor environments including any indoor air quality
standard; and
(2) standards for the training, certification, and
licensing of parties providing mold remediation services
in residential, public, and commercial buildings.
(Source: P.A. 95-456, eff. 1-1-08.)
(410 ILCS 105/16 new)

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Sec. 16. Public awareness campaign. The Department shall,
in consultation with appropriate agencies and organizations,
establish a public awareness campaign to assist the public in
understanding the threat of mold in indoor environments and
the importance of removing mold. As part of the campaign, the
Department shall:
(1) Establish a public awareness campaign on the
dangers of mold, as well as the potential toxic compounds
that they can emit and produce, in accordance with the
rules adopted under this Act. As part of the campaign, the
Department shall disseminate information via brochures and
the Department's website.
(2) Provide reference to and contact information for
organizations or government agencies that can provide the
public with information pertaining to the health effects
of mold, testing methods, or accredited industry standards
for the remediation of mold.
(3) Every 5 years, review technology or treatment
techniques for mold identification and remediation that
provide additional protections to public health and
safety. The review shall be performed in accordance with
rules adopted under this Section and include an
examination of any new scientific evidence that indicates
that mold may present a greater health risk to the public
than previously determined.

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(410 ILCS 105/20)
Sec. 20. Rules. The Department shall may adopt rules,
under the Illinois Administrative Procedure Act, to implement
a program establishing procedures for parties that provide
mold remediation services to register with the State and
provide evidence of an active third-party certification and
evidence of financial responsibility.
(Source: P.A. 95-456, eff. 1-1-08.)