Bill Text: NJ S1959 | 2010-2011 | Regular Session | Introduced
Bill Title: "Toxic Mold Protection Act of 2010."
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-05-20 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S1959 Detail]
Download: New_Jersey-2010-S1959-Introduced.html
Sponsored by:
Senator ANTHONY R. BUCCO
District 25 (Morris)
SYNOPSIS
"Toxic Mold Protection Act of 2010."
CURRENT VERSION OF TEXT
As introduced.
An Act concerning mold hazards and remediation, and supplementing Title 26 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. This act chapter shall be known, and may be cited, as the "Toxic Mold Protection Act of 2010."
2. As used in this act:
"Certified Industrial Hygienist" shall have the same meaning as defined in section 3 of P.L.1996, c.130 (C.56:8-83).
"Code enforcement officer" means a local official responsible for enforcing housing codes and maintaining public safety in buildings using an interdepartmental approach at the local government level.
"Indoor environments" means the affected dwelling unit or affected commercial or industrial building.
"Mold" means any form of multicellular fungi that live on plant or animal matter and in indoor environments. Types of mold include, but are not limited to, Cladosporium, Penicillium, Alternaria, Aspergillus, Fuarim, Trichoderma, Memnoniella, Mucor and Stachhybotrys Chartarum, often found in water-damaged building materials.
"Public health officer" means a full-time health officer as defined pursuant to section 3 of P.L.1975, c.329 (C.26:3A2-3), or a local comprehensive health agency designated by the board of supervisors pursuant to Section 101275 to carry out the drinking water program.
3. a. There is created the "Mold Task Force." The task force shall consist of 5 representatives from State and local agencies and 8 public members. The State and local representatives shall be from each of the following: a representative from a county board of health, a representative from a municipal health agency, a representative from the Department of Community Affairs, a representative from the Department of Health and Senior Services, and a representative from the Department of Environmental Protection. The 8 public members shall be appointed by the Governor with the advice and consent of the Senate. The public members shall include a representative with expertise on the health effects of molds, a certified industrial hygienist, a representative with knowledge of mold abatement techniques, a representative of commercial and industrial tenants, a representative of commercial or industrial property owners, a representative of an environmental group, a representative of the home builders, and a representative of the insurance industry. The Department of Community Affairs and the Department of Health and Senior Services shall provide staff to implement the functions and duties of the task force. The public members of the task force shall serve without compensation but may be reimbursed for actual expenses in the performance of their duties. The Governor shall select the chairperson of the task force.
b. The task force shall provide advise to the Department of Health and Senior Services and the Department of Community Affairs on the development of standards for permissible exposure limits to mold in the indoor environment, guidelines for the identification of the presence of mold, guidelines for the assessment of the health risk posed by the presence of mold, and remediation guidelines and procedures for the abatement of a mold hazard.
4. a. Within 12 months of the effective date of this act, the Department of Health and Senior Services, in consultation with the Department of Environmental Protection and the Department of Community Affairs, shall adopt, pursuant to the "Administrative Procedure Act," P.L. 1968, c. 410 (C.52:14B-1 et seq.), permissible exposure limits to mold in indoor environments, and procedures for the assessment of the health risk posed by the presence of mold. The exposure limits shall be set at levels to avoid adverse effects on health, with an adequate margin of safety. The department shall balance the protection of public health with technological and economic feasibility when it adopts permissible exposure limits and procedures for the assessment of the health risk posed by the presence of mold. The department shall use the latest scientific data to develop permissible exposure limits and assessment procedures that target the general population.
b. The department shall consider the following criteria when it adopts permissible exposure limits and assessment procedures for molds in indoor environments:
(1) The adverse health effects of exposure to molds on the general population, the health effects on members of subgroups of the general population, which may include infants, children age 6 years and under, pregnant women, the elderly, asthmatic, allergic individuals, immune compromised individuals or other subgroups that are identifiable as being at greater risk of adverse health effects than the general population when exposed to mold;
(2) The standards for mold exposure and procedures for assessing its health effects, if any, adopted by any other state or by a federal agency;
(3) The technological and economic feasibility of compliance with the proposed permissible exposure limit for molds. For the purposes of determining economic feasibility pursuant to this paragraph, the department shall consider the costs of compliance to tenants, landlords, homeowners, and other affected parties; and
(4) Toxicological studies and any scientific evidence as it relates to mold.
c. The department may develop alternative permissible exposure limits and assessment standards applicable to those facilities in which persons more vulnerable to the health effects of mold exposure reside or visit, which may include hospitals, child care facilities, and nursing homes.
d. The department shall report to the Legislature on its progress in developing the permissible exposure limit for molds by April 30, 2011.
5. The Department of Health and Senior Services shall provide public notice that when it initiates work on the permissible exposure limits to mold and procedures for assessing its health effects on individuals. The notice shall include:
(1) A brief description or bibliography of the technical documents or other information the department has identified that is relevant to the preparation of the permissible exposure limits and assessment procedures;
(2) The name and address of a person in the department to whom the public may send information concerning exposure to molds, and the date by which the information must be received in order for the department to consider it in the preparation of the permissible exposure limits.
6. a. Within 12 months of the effective date of this act, the Department of Community Affairs, in consultation with the Department of Health and Senior Services, and the Department of Environmental Protection, shall adopt, pursuant to the Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), mold identification guidelines for the recognition of mold in indoor environments.
b. Identification guidelines shall include scientifically accepted methods to identify the presence of mold, and may include procedures for the collection or air, surface and bulk samples, visual identification, olfactory identification, laboratory analysis, measurements of amount of moisture, and presence of mold, and any other recognized analytical method used for the identification of molds. The department may use scientific data or existing standards or procedures for the identification of molds adopted by any other state or by a federal agency.
c. The department shall consider the following criteria when it develops identification guidelines for molds:
(1) Exposure limits and the procedures for the assessment of the health threat by molds adopted pursuant to section 4 of P.L. , c. (C. ) (now before the Legislature as this bill),
(2) Any scientific or other evidence developed by the United States Environmental Protection Agency, the World Health Organization, Centers for Disease Control and Prevention, or any other public health or scientific organization.
d. The department may not require a commercial, industrial, or residential landlord or a public entity that rents or leases a unit or building to perform testing to determine whether the presence of molds exceeds the permissible exposure limits to mold established pursuant to section 4 of P.L. , c. (C. ).
e. The department shall develop a reporting form for building inspection that may be used to document the presence of mold.
f. The department shall develop
g. The department shall report to the Legislature on its progress in developing identification guidelines for mold by April 30, 2011.
7. The Department of Community Affairs shall provide public notice that when it initiates work on mold identification guidelines for the recognition of mold in indoor environments. The notice shall include:
(1) A brief description or bibliography of the technical documents or other information the department has identified that is relevant to the preparation of mold identification guidelines for the recognition of mold in indoor environments;
(2) The name and address of a person in the department to whom the public may send information concerning mold identification guidelines, and the date by which the information must be received in order for the department to consider it in the preparation of the guidelines.
8. a. Within 12 months of the effective date of this act, the Department of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1968, c.410 (C.52:14B-1 et seq.), standards for mold remediation procedures including specialized cleaning, repairs, maintenance, painting, temporary containment and ongoing monitoring of mold hazards or potential hazards.
b. Remediation procedures for mold developed by the department shall:
(1) Provide practical guidelines for the removal of mold and abatement of the underlying cause of mold and associated water intrusion and water damage in indoor environments.
(2) Balance the protection of public health with technological and economic feasibility;
(3) Provide practical guidance for the removal or cleaning of contaminated materials in a manner that protects the health of the person performing the remediation, including requirements for the use of protective clothing or equipment;
c. The department shall not require a commercial, industrial, or residential lessor, or a public entity that rents or leases a unit or building to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold established in section 4 of P.L. , c. (C.).
d. The department shall report to the Legislature on its progress in developing remediation standards for mold by April 30, 2011.
9. The department shall provide public notice when it initiates work on the remediation procedures for mold. The notice shall include:
(1) A brief description or bibliography of the technical documents or other information the department has identified that is relevant to the preparation of the mold remediation procedures;
(2) The name and address of a person in the department to whom the public may send information concerning mold remediation procedures, and the date by which the information must be received in order for the department to consider it in the preparation of the mold remediation procedures.
10. The Department of Community Affairs shall make available to the public upon request, information about contracting for the removal of mold in a building or surrounding environment. The information to be made available shall include recommended steps to take when contracting with a company to remove mold, existing laws, regulations, and guidelines developed by the Department of Community Affairs and the Department of Health and Senior Services, pertaining to permissible exposure limits to mold, identification, and remediation, health effects of molds, methods to prevent, identify and remediate mold growth, resources to obtain information about molds, and contact information for individuals, organizations, or government entities to assist with public concerns about molds.
11. a. Any person who sells or transfers commercial or industrial real property shall disclose, in writing, to any prospective buyer before the transfer of title, when the seller or transferor knows of the presence of mold in the unit or building and the mold either exceeds permissible exposure limits to mold or poses a health risk, pursuant to the standards adopted by the Department of Health and Senior Services pursuant to section 4 of P.L. , c. (C.) (now before the Legislature as this bill). A disclosure shall not be required pursuant to this section if a mold hazard is remediated pursuant to the remediation standards adopted by the Department of Community Affairs pursuant to section 8 of P.L. , c. (C. ) (now before the Legislature as this bill.
b. A person who sells or transfers commercial or industrial real property shall not be required to conduct air or surface tests of property to determine whether the presence of molds exceeds the permissible exposure limits to molds established by pursuant to section 4 of P.L. , c. (C. ).
12. a. Any lessor of commercial or industrial property shall disclose, in writing, to prospective and current tenants of the property when the lessor knows that mold is present that exceeds the permissible exposure limits to molds or poses a health risk pursuant to section 4 of P.L. , c. (C. ). The disclosure shall be provided to prospective tenants prior to entering into the rental agreement and to current tenants in affected units as soon as practicable.
b. A commercial and industrial landlord shall not be required to provide a disclosure pursuant to this section if a mold hazard is remediated pursuant to the remediation standards adopted by the Department of Community Affairs pursuant to section 8 of P.L. , c. (C. ) (now before the Legislature as this bill.
c. A person who leases commercial or industrial real property shall not be required to conduct air or surface tests of property to determine whether the presence of molds exceeds the permissible exposure limits to molds established by pursuant to section 4 of P.L. , c. (C. ).
13. Any lessee of a commercial or industrial real property who knows that mold is present in the building, heating system, ventilating or air conditioning system, or appurtenant structures, or that there is a condition of chronic water intrusion or flood, shall inform the lessor of this knowledge in writing within a reasonable period of time. The lessee shall make the property available to the lessor or his or her agents for appropriate assessment or remedial action as soon as is reasonably practicable if the lessor is responsible for maintenance of the property. Nothing in this section shall affect existing duties and obligations of residential lessees and lessors.
14. a. Except as provided in subsection b. of this section, any person who owns a commercial and industrial property, who knows or has notice that mold is present in the building, heating system, ventilating or air conditioning system, or appurtenant structures, or that there is a condition of chronic water intrusion or flood, shall, within a reasonable period of time, assess the presence of mold, or the condition likely to result in the presence of mold and conduct any necessary remedial action.
b. The provisions of subsection a. of this section shall not apply to any property where the lessee is responsible pursuant to a lease or other contract, for maintenance of the property.
15. Any lessee of commercial
or industrial real property who knows that mold is present in the building,
heating system, ventilating or air conditioning system, or appurtenant
structures, or that there is a condition of chronic water intrusion or flood,
and is responsible for maintenance of the property shall inform the owner of
the property, in writing of the conditions as soon as practicable
and shall correct the condition in compliance with the terms of the lease.
16. A public entity that owns, leases, or operates a building shall disclose, in writing, to all building occupants and prospective tenants when the public entity knows, or has reasonable cause to believe, that a condition of chronic water intrusion or flood exists, or that mold, both visible and invisible or hidden, is present that affects the building or unit and the mold either exceeds the permissible exposure limits to mold or poses a health threat established in section 4 of P.L. , c. (C. ). A disclosure shall not be required pursuant to this section if a mold hazard is remediated pursuant to the remediation standards adopted by the Department of Community Affairs pursuant to section 8 of P.L. , c. (C. ) (now before the Legislature as this bill).
17. a. A lessor of residential property shall disclose, in writing, to any prospective or current lessee when the lessor knows, or has reasonable cause to believe, that mold, both visible and invisible or hidden, is present that affects the unit or the building and the mold either exceeds the permissible exposure limits to mold or poses a health threat pursuant to standards adopted pursuant to section 4 of P.L. , c. (C. ). A disclosure shall not be required pursuant to this section if a mold hazard is remediated pursuant to the remediation standards 8 of P.L. , c. (C. ) (now before the Legislature as this bill).
b. A lessor of residential property shall not be required to conduct air or surface tests of units or buildings to determine whether the presence of molds exceeds the permissible exposure limits to mold established pursuant to section 4 of P.L. , c. (C. ).
18. Before a purchaser or lessee is obligated under any contract to purchase or lease residential housing, a seller or lessor of residential housing shall provide the purchaser or lessee with a mold hazard information pamphlet developed by the Department of Community Affairs.
19. Any person violating the provisions of sections 11, 12, and 16 of P.L. , c. (C. ) (now before the Legislature as this bill), or any order of the Department of Community Affairs made pursuant to this act, shall be liable for penalties as may be levied against the owner of a multiple dwelling pursuant to section 19 of P.L.1967, c.76 (C.55:13A-19), and the Department of Community Affairs shall have all of the enforcement powers granted under that section to enforce this act. The Department of Community Affairs shall adopt, pursuant to the "Administrative Procedure Act," P.L.1068, c.410 (C.52:14B-1 et seq.), disclosure enforcement guidelines pursuant to this section, and shall include development of a form for disclosure, and penalties, if any, that may be imposed for failure to disclose.
20. Any local health inspector, local housing inspector, code enforcement officer or Department of Community Affairs inspector may respond to complaints about mold and may enforce standards adopted by the Department of Community Affairs or the Department of Health and Human Services pursuant to sections 4, 6, or 8 of P.L. , c. (C. ) (now before the Legislature as this bill) and enforce the disclosure requirements established pursuant to sections 11, 12, 16 of P.L. , c. (C. ).
21. Sections 4, 6, 8, and 20 of this act shall take effect immediately, and the remainder of this act shall take effect 18 months after the date of enactment.
STATEMENT
This bill would require the Department of Health and Senior Services to adopt rules and regulations establishing permissible exposure limits for mold exposure and procedures for the assessment of the health risk posed by the presence of mold. Further, the bill would require the Department of Community Affairs to adopt mold identification guidelines and mold remediation procedures. The bill would require the disclosure of the presence of mold by a person selling or leasing a commercial or industrial building, by a public entity that owns, leases or operates a building, and by a lessor of a residential building. Finally, the bill would require a lessee who knows that mold is present in the building to inform the owner of a building.
