senate Bill S3667D

Signed by Governor

Requires the licensure of mold assessment and remediation specialists and sets minimum work standards for mold assessment and remediation specialists

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 08 / Feb / 2013
    • REFERRED TO CONSUMER PROTECTION
  • 10 / Jun / 2013
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 10 / Jun / 2013
    • PRINT NUMBER 3667A
  • 17 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 17 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1380
  • 17 / Jun / 2013
    • PASSED SENATE
  • 17 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 17 / Jun / 2013
    • REFERRED TO ECONOMIC DEVELOPMENT
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 03 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 03 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1110
  • 09 / Jun / 2014
    • AMENDED ON THIRD READING (T) 3667B
  • 12 / Jun / 2014
    • AMENDED ON THIRD READING (T) 3667C
  • 16 / Jun / 2014
    • AMENDED ON THIRD READING 3667D
  • 19 / Jun / 2014
    • PASSED SENATE
  • 19 / Jun / 2014
    • DELIVERED TO ASSEMBLY
  • 19 / Jun / 2014
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2014
    • SUBSTITUTED FOR A5117C
  • 19 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.596
  • 19 / Jun / 2014
    • PASSED ASSEMBLY
  • 19 / Jun / 2014
    • RETURNED TO SENATE
  • 30 / Dec / 2014
    • DELIVERED TO GOVERNOR
  • 29 / Jan / 2015
    • SIGNED CHAP.551
  • 29 / Jan / 2015
    • APPROVAL MEMO.36

Summary

Requires the licensure of mold inspection, assessment and remediation specialists and sets minimum work standards for mold inspection, assessment and remediation specialists.

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Bill Details

See Assembly Version of this Bill:
A5117C
Versions:
S3667
S3667A
S3667B
S3667C
S3667D
Legislative Cycle:
2013-2014
Law Section:
Labor Law
Laws Affected:
Add Art 32 Title 1 §§930 - 940 & Title 2 §§945 - 948, Lab L; add §97-pppp, St Fin L

Sponsor Memo

BILL NUMBER:S3667D

TITLE OF BILL: An act to amend the labor law, in relation to
requiring the licensure of mold assessment and remediation specialists
and setting minimum work standards for mold assessment and remediation
specialists; and to amend the state finance law, in relation to
enacting the mold assessment and remediation account

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to ensure
the safety of the general public by ensuring that only licensed
professionals are performing mold assessment, abatement, and
remediation.

SUMMARY OF SPECIFIC PROVISIONS: This would add a new Article 32 to the
Labor Law establishing the licensing of mold inspection, assessment
and remediation specialists and minimum work standards.

Section 1: Title 1 - Defines mold, mold remediation, mold assessment,
and mold abatement. The bill differentiates mold remediation and mold
assessment by defining mold remediation as conducting the business of
removal, cleaning, sanitizing, or surface disinfection of mold, mold
containment, and waste handling of mold and materials used to remove
mold from surfaces by a business enterprise, including but not limited
to, sole proprietorships. Mold assessment is defined as an inspection
or assessment of real property that is designed to discover indoor
mold growth, toxic mold growth, conditions that facilitate indoor mold
growth, and/or indicia of conditions that are likely to facilitate
indoor mold growth.

The licensing requirements state that no person shall be licensed to
conduct mold-related services unless they: (a) are eighteen years of
age or older;

(b) have satisfactorily completed Department of Labor-approved course
work, including training on the appropriate use and care of personal
protection equipment as approved by the Commissioner of the Department
of Health; and

(c) have paid the appropriate fees. The licensing requirements
prohibit any contractor to engage in mold assessment or mold
remediation without a valid license issued by the Commissioner of
Labor which must be present and on display at the worksite. The bill
also prohibits a person licensed to perform mold-related services from
acting as both the mold assessment contractor and the mold remediation
contractor.

The bill further authorizes the Department of Labor to impose civil
penalties and revoke a contractor's license after a notice and
hearing, suspend or revoke any license, or censure, fine, or impose
probationary or other restrictions on any licensee for good cause
shown which shall include, but not be limited to, the following:

(a) conviction of a felony relating to the performance of a mold
assessment or mold remediation;

(b) deceit or misrepresentation in obtaining a license authorized
under Article 32;


(c) providing false testimony or documents to the Department of Labor
in relation to a license authorized by Article 32or any other license
issued by the Department of Labor;

(d) deceiving or defrauding the public in relation to services
provided for a fee that require a license; or

(e) incompetence or gross negligence in relation to mold assessment or
mold remediation.

Title 2 - Details the minimum work standards for the conduct of mold
assessments and mold remediation by licensed persons. The bill
requires a mold assessment licensee to prepare a mold remediation plan
that is specific to each remediation project and to provide the plan
to the client before the remediation begins. The mold remediation plan
must specify the following:

(a) the rooms or areas where the work will be performed;

(b) the estimated quantities of materials to be cleaned or removed;

(c) the methods to be used for each type of remediation in each type
of area;

(d) the personal protection equipment (PPE) to be supplied by licensed
remediates for used by licensed abaters;

(e) the proposed clearance procedures and criteria for each type of
remediation in each type of area;

(f) when the project is a building that is currently occupied, how to
properly notify the occupants of such projects, taking into
consideration proper health concerns; the plan must also provide
recommendations for notice and posting requirements that are
appropriate for the project size, duration and points of entry;

(g) an estimate of cost and an estimated time frame for completion;
and

(h) when possible, the underlying sources of moisture that may be
causing the mold and a recommendation as to the type of contractor who
would remedy the source of such moisture.

The bill provides that signs advising that a mold remediation project
is in progress shall be displayed at all accessible entrances to
remediation areas and that no person shall remove or dismantle any
containment structures or materials from, a project site prior to
receipt by the mold remediation licensee overseeing the project of a
notice from a mold assessment licensee that the project has achieved
clearance which shall be determined upon review of a post-remediation
assessment. The bill states that a post-remediation assessment shall
determine whether:

(a) the work area is free from all visible mold; and


(b) all work has been completed in compliance with the remediation
plan and remediation work plan and meets clearance criteria specified
in the plan.

Section 2: Adds a section 97-pppp to the State Finance Law which
creates the mold assessment and remediation account. The account would
be under the custody of the NYS Comptroller and shall consist of
moneys collected pursuant to the provisions of Article 32 of the Labor
Law. The moneys of the account will be made available to the
Commissioner of Labor for the purposes of offsetting the costs
incurred by the Commissioner for the administration of Article 32 of
the Labor Law, including the administration of licenses, coursework
and training programs, and enforcement as set forth in Article 32.

The bill would prohibit moneys to be paid out without a certificate of
allocation and a schedule of amounts to be made available upon
issuance by the Director of the Budget, and a copy of such certificate
to have been filed with the Comptroller.

Section 3: This act shall take effect on the one hundred eightieth day
after it shall have become a law.

JUSTIFICATION: Several months after Hurricane Sandy ravaged parts of
New York with massive flooding, there is an increasing public health
risk associated with mold growth in residential and commercial
buildings. Mold exposure causes respiratory health problems and people
(especially children) with asthma are particularly vulnerable to
illnesses from mold exposure. Mold can also sometimes cause even more
serious health problems. Many people do not fully understand mold
problems, the causes of mold in buildings, and the proper assessment
and/or remediation when a mold problem exists. As a result, it is in
the interest of the public safety and welfare to prevent future damage
to real and personal property, minimize the public health risks posed
by mold in public and private buildings, and avert economic injury to
NYS residents by regulating persons and companies that hold themselves
out to the public as qualified to perform mold-related services. This
bill will ensure that the public is protected from unscrupulous
contractors offering mold assessment and/or remediation, and that
licensed persons and/or businesses engaged in mold assessment and/or
remediation will be properly trained.

PRIOR LEGISLATIVE HISTORY: 2013 - P-Sen., 61-2; died in Assembly
Economic Development Committee.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be
determined.

EFFECTIVE DATE: This act shall take effect 180 days after enactment.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3667--D
    Cal. No. 1110

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 8, 2013
                               ___________

Introduced  by  Sens. SAVINO, CARLUCCI, GIPSON, KLEIN, SMITH, VALESKY --
  read twice and ordered printed, and when printed to  be  committed  to
  the  Committee  on  Consumer  Protection -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee  -- recommitted to the Committee on Consumer Protection in accord-
  ance with Senate Rule 6, sec. 8 -- committee discharged and said  bill
  committed  to  the  Committee  on Rules -- ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third  reading  --  again  amended  and  ordered
  reprinted, retaining its place in the order of third reading

AN ACT to amend the labor law, in relation to requiring the licensure of
  mold  assessment  and remediation specialists and setting minimum work
  standards for mold assessment  and  remediation  specialists;  and  to
  amend  the state finance law, in relation to enacting the mold assess-
  ment and remediation account

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The labor law is amended by adding a new article 32 to read
as follows:
                                ARTICLE 32
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS

  TITLE  1.  LICENSING  OF  MOLD  INSPECTION, ASSESSMENT AND REMEDIATION
             SPECIALISTS AND MINIMUM WORK STANDARDS (SECS. 930-940.)
        2. MINIMUM WORK STANDARDS FOR THE CONDUCT  OF  MOLD  ASSESSMENTS
             AND REMEDIATION BY LICENSED PERSONS (SECS. 945-948.)


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-10-4

S. 3667--D                          2

                                 TITLE 1
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
SECTION 930. DEFINITIONS.
        931. LICENSING REQUIREMENTS.
        932. LICENSE; PROCEDURE.
        933. EXEMPTIONS.
        934. LICENSE ISSUANCE AND RENEWAL.
        935. PRACTICE BY LICENSE HOLDER.
        936. LICENSEE DUTIES; PROHIBITED ACTIVITIES.
        937. CIVIL PENALTIES AND REVOCATION.
        938. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING.
        939. JUDICIAL REVIEW.
        940. RULEMAKING AUTHORITY.
  S 930. DEFINITIONS. AS USED IN THIS ARTICLE: 1. "DEPARTMENT" MEANS THE
DEPARTMENT OF LABOR.
  2. "MOLD" MEANS INDOOR MOLD GROWTH CAPABLE OF CREATING TOXINS THAT CAN
CAUSE  PULMONARY,  RESPIRATORY,  NEUROLOGICAL  OR  OTHER MAJOR ILLNESSES
AFTER MINIMAL EXPOSURE, AS SUCH EXPOSURE IS DEFINED BY THE ENVIRONMENTAL
PROTECTION AGENCY, CENTERS FOR DISEASE CONTROL AND PREVENTION,  NATIONAL
INSTITUTE  OF HEALTH, OR OTHER FEDERAL, STATE, OR LOCAL AGENCY ORGANIZED
TO STUDY AND/OR PROTECT HUMAN HEALTH.
  3. "MOLD REMEDIATION" MEANS CONDUCTING THE BUSINESS OF REMOVAL, CLEAN-
ING, SANITIZING, OR SURFACE DISINFECTION OF MOLD, MOLD CONTAINMENT,  AND
WASTE  HANDLING  OF MOLD AND MATERIALS USED TO REMOVE MOLD FROM SURFACES
BY A BUSINESS ENTERPRISE, INCLUDING BUT NOT LIMITED TO, SOLE PROPRIETOR-
SHIPS. MOLD REMEDIATION FOR THE  PURPOSES  OF  THIS  ARTICLE  SHALL  NOT
INCLUDE  REMEDIATION  OF  THE UNDERLYING SOURCES OF MOISTURE THAT MAY BE
THE CAUSE OF MOLD THAT REQUIRES EXPERTISE NOT SPECIFIC TO  ACTS  AUTHOR-
IZED UNDER THIS ARTICLE.
  4. "MOLD ASSESSMENT" MEANS AN INSPECTION OR ASSESSMENT OF REAL PROPER-
TY  THAT  IS DESIGNED TO DISCOVER INDOOR MOLD GROWTH, TOXIC MOLD GROWTH,
CONDITIONS THAT FACILITATE INDOOR MOLD GROWTH AND/OR INDICIA  OF  CONDI-
TIONS THAT ARE LIKELY TO FACILITATE INDOOR MOLD GROWTH.
  5. "MOLD ABATEMENT" MEANS THE ACT OF REMOVAL, CLEANING, SANITIZING, OR
SURFACE  DISINFECTION  OF  MOLD, MOLD CONTAINMENT, AND WASTE HANDLING OF
MOLD AND MATERIALS USED TO REMOVE MOLD FROM SURFACES BY AN INDIVIDUAL.
  6. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
  S 931. LICENSING  REQUIREMENTS.  1.  IT  SHALL  BE  UNLAWFUL  FOR  ANY
CONTRACTOR  TO  ENGAGE IN MOLD ASSESSMENT, OR TO ADVERTISE OR HOLD THEM-
SELVES OUT AS A MOLD ASSESSMENT CONTRACTOR UNLESS SUCH CONTRACTOR HAS  A
VALID MOLD ASSESSMENT LICENSE ISSUED BY THE COMMISSIONER.
  2.  IT  SHALL BE UNLAWFUL FOR ANY CONTRACTOR TO ENGAGE IN MOLD REMEDI-
ATION, OR TO ADVERTISE OR HOLD THEMSELVES  OUT  AS  A  MOLD  REMEDIATION
CONTRACTOR  UNLESS  SUCH CONTRACTOR HAS A VALID MOLD REMEDIATION LICENSE
ISSUED BY THE COMMISSIONER.
  3. IT SHALL BE UNLAWFUL FOR ANY INDIVIDUAL TO ENGAGE IN MOLD ABATEMENT
OR TO ADVERTISE OR HOLD THEMSELVES OUT AS A MOLD ABATEMENT WORKER UNLESS
SUCH INDIVIDUAL HAS A VALID MOLD ABATER'S LICENSE ISSUED BY THE  COMMIS-
SIONER.
  4.  A COPY OF A VALID MOLD ASSESSMENT OR MOLD REMEDIATION LICENSE MUST
BE CONSPICUOUSLY DISPLAYED AT THE WORK SITE ON A MOLD PROJECT.
  5. (A) NOTHING IN THIS ARTICLE SHALL PROHIBIT ANY DESIGN  PROFESSIONAL
LICENSED  PURSUANT  TO  TITLE EIGHT OF THE EDUCATION LAW FROM PERFORMING
MOLD INSPECTION, ASSESSMENT, REMEDIATION AND/OR ABATEMENT TASKS OR FUNC-
TIONS IF THE PERSON IS ACTING WITHIN THE SCOPE OF HIS OR  HER  PRACTICE,

S. 3667--D                          3

OR  REQUIRE THE DESIGN PROFESSIONAL TO OBTAIN A LICENSE UNDER THIS ARTI-
CLE FOR SUCH MOLD INSPECTION, ASSESSMENT  REMEDIATION  AND/OR  ABATEMENT
TASKS OR FUNCTIONS.
  (B)  NOTHING  IN  THIS  ARTICLE  SHALL  MEAN  THAT  ANY INDIVIDUAL NOT
LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW MAY PERFORM  TASKS
OR  FUNCTIONS  LIMITED TO THE SCOPE OF PRACTICE OF A DESIGN PROFESSIONAL
UNDER SUCH TITLE.
  S 932. LICENSE; PROCEDURE. 1. THE COMMISSIONER SHALL ESTABLISH MINIMUM
QUALIFICATIONS FOR LICENSING.
  2. APPLICATIONS FOR LICENSES AND RENEWAL LICENSES SHALL  BE  SUBMITTED
TO  THE DEPARTMENT IN WRITING ON FORMS FURNISHED BY THE COMMISSIONER AND
SHALL CONTAIN THE INFORMATION SET FORTH IN THIS SECTION AS WELL  AS  ANY
ADDITIONAL INFORMATION THAT THE COMMISSIONER MAY REQUIRE.
  3.  AN  APPLICANT  FOR A LICENSE TO PERFORM MOLD ASSESSMENT SHALL MEET
THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
  (B) HAVE SATISFACTORILY COMPLETED  DEPARTMENT  APPROVED  COURSE  WORK,
INCLUDING   TRAINING  ON  THE  APPROPRIATE  USE  AND  CARE  OF  PERSONAL
PROTECTION EQUIPMENT AS APPROVED BY THE COMMISSIONER OF  THE  DEPARTMENT
OF HEALTH; AND
  (C)  PAID  THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION SIX OF THIS
SECTION; AND
  4. AN APPLICANT FOR A LICENSE TO PERFORM MOLD REMEDIATION  SHALL  MEET
THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
  (B)  HAVE  SATISFACTORILY  COMPLETED  DEPARTMENT APPROVED COURSE WORK,
INCLUDING  TRAINING  ON  THE  APPROPRIATE  USE  AND  CARE  OF   PERSONAL
PROTECTION  EQUIPMENT  AS APPROVED BY THE COMMISSIONER OF THE DEPARTMENT
OF HEALTH;
  (C) PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION SIX  OF  THIS
SECTION; AND
  (D)  SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS' COMPENSATION
COVERAGE, IF REQUIRED, AND LIABILITY INSURANCE OF AT LEAST  FIFTY  THOU-
SAND  DOLLARS.    AN APPLICANT FOR A LICENSE TO PERFORM MOLD REMEDIATION
SHALL FURNISH THE DEPARTMENT WITH A FINANCIAL STATEMENT, PREPARED BY  AN
INDEPENDENT  AUDITOR OR ACCOUNTANT AND SIGNED BY THE APPLICANT AND AUDI-
TOR BEFORE A NOTARY PUBLIC, STATING THE ASSETS OF THE APPLICANT,  TO  BE
USED  BY THE DEPARTMENT TO DETERMINE THE FINANCIAL RESPONSIBILITY OF THE
APPLICANT TO PERFORM MOLD REMEDIATION SERVICES.
  5. AN APPLICANT FOR A LICENSE TO PERFORM MOLD ABATEMENT SHALL MEET THE
FOLLOWING MINIMUM REQUIREMENTS:
  (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
  (B) HAVE SATISFACTORILY COMPLETED  DEPARTMENT  APPROVED  COURSE  WORK,
INCLUDING   TRAINING  ON  THE  APPROPRIATE  USE  AND  CARE  OF  PERSONAL
PROTECTION EQUIPMENT AS APPROVED BY THE COMMISSIONER OF  THE  DEPARTMENT
OF HEALTH; AND
  (C)  PAID  THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION SIX OF THIS
SECTION; AND
  6. THE DEPARTMENT SHALL CHARGE AND COLLECT THE  FOLLOWING  FEES  WHICH
SHALL ACCOMPANY EACH APPLICATION:
  (A)  A FEE FOR AN INITIAL APPLICATION FOR A LICENSE, NOT TO EXCEED ONE
HUNDRED DOLLARS; AND
  (B) A FEE FOR RENEWAL OF A LICENSE, NOT TO EXCEED ONE HUNDRED DOLLARS.
  S 933. EXEMPTIONS. THE FOLLOWING PERSONS  SHALL  NOT  BE  REQUIRED  TO
OBTAIN  A  LICENSE  AS  PROVIDED  IN THIS TITLE IN ORDER TO PERFORM MOLD
ASSESSMENT OR REMEDIATION:

S. 3667--D                          4

  1. A RESIDENTIAL PROPERTY OWNER WHO PERFORMS MOLD INSPECTION,  ASSESS-
MENT OR REMEDIATION ON HIS OR HER OWN PROPERTY;
  2.  A  NON-RESIDENTIAL  PROPERTY OWNER, OR THE EMPLOYEE OF SUCH OWNER,
WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION  ON  AN  APARTMENT  BUILDING
OWNED BY THAT PERSON THAT HAS NOT MORE THAN FOUR DWELLING UNITS; AND
  3.  AN  OWNER  OR A MANAGING AGENT OR A FULL-TIME EMPLOYEE OF AN OWNER
WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION ON COMMERCIAL PROPERTY OWNED
BY THE OWNER PROVIDED, HOWEVER, THAT THIS SUBDIVISION SHALL NOT APPLY IF
THE MANAGING AGENT OR EMPLOYEE ENGAGES IN  THE  BUSINESS  OF  PERFORMING
MOLD ASSESSMENT OR REMEDIATION FOR THE PUBLIC.
  S  934.  LICENSE  ISSUANCE AND RENEWAL. 1. LICENSES ISSUED PURSUANT TO
THE PROVISIONS OF THIS TITLE SHALL BE VALID FOR A PERIOD  OF  TWO  YEARS
FROM  THE  DATE  OF  ISSUANCE  AND MAY BE RENEWED IN ACCORDANCE WITH THE
CONDITIONS SET FORTH IN THIS ARTICLE AND ESTABLISHED BY THE  COMMISSION-
ER.
  2.  WITHIN  THIRTY  DAYS OF THE RECEIPT OF THE APPLICATION AND FEE FOR
ANY LICENSE ISSUED UNDER THIS SECTION,  THE  COMMISSIONER  SHALL  EITHER
ISSUE  THE LICENSE OR DENY THE LICENSE SETTING FORTH THE REASON FOR SUCH
DENIAL IN WRITING.
  3. LICENSES SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT.
  4. THE RENEWAL OF ALL LICENSES GRANTED UNDER THE  PROVISIONS  OF  THIS
ARTICLE  SHALL  BE  CONDITIONED  UPON THE SUBMISSION OF A CERTIFICATE OF
COMPLETION OF  A  DEPARTMENT-APPROVED  COURSE  DESIGNED  TO  ENSURE  THE
CONTINUING  EDUCATION  OF  LICENSEES ON NEW AND EXISTING MOLD ASSESSMENT
AND MOLD REMEDIATION STANDARDS.
  S 935. PRACTICE BY LICENSE HOLDER. 1. A MOLD ASSESSMENT LICENSE HOLDER
WHO INTENDS TO PERFORM MOLD ASSESSMENT ON  A  MOLD  REMEDIATION  PROJECT
SHALL  PREPARE  A  WORK  ANALYSIS  FOR  THE PROJECT. THE MOLD ASSESSMENT
LICENSE HOLDER SHALL PROVIDE THE ANALYSIS TO THE CLIENT BEFORE THE  MOLD
REMEDIATION BEGINS AND SUCH PLAN MUST INCLUDE THE ANALYSIS AS DEFINED IN
SECTION NINE HUNDRED FORTY-FIVE OF THIS ARTICLE.
  2. A MOLD REMEDIATION LICENSE HOLDER WHO INTENDS TO PERFORM MOLD REME-
DIATION SHALL PREPARE A WORK PLAN PROVIDING INSTRUCTIONS FOR THE REMEDI-
ATION EFFORTS TO BE PERFORMED FOR THE MOLD REMEDIATION PROJECT. THE MOLD
REMEDIATION  LICENSE  HOLDER  SHALL  PROVIDE THE WORK PLAN TO THE CLIENT
BEFORE THE MOLD REMEDIATION BEGINS. THE MOLD REMEDIATION LICENSE  HOLDER
SHALL MAINTAIN A COPY OF THE WORK PLAN AT THE JOB SITE WHERE THE REMEDI-
ATION IS BEING PERFORMED.
  S  936.  LICENSEE  DUTIES; PROHIBITED ACTIVITIES. 1. A MOLD ASSESSMENT
LICENSEE WHO PERFORMS MOLD ASSESSMENT SERVICES SHALL PROVIDE  A  WRITTEN
REPORT  TO  EACH  PERSON FOR WHOM SUCH LICENSEE PERFORMS MOLD ASSESSMENT
SERVICES FOR COMPENSATION.
  2. NO LICENSEE SHALL PERFORM BOTH MOLD ASSESSMENT AND MOLD REMEDIATION
ON THE SAME PROPERTY.
  3. NO PERSON SHALL OWN AN INTEREST IN BOTH THE ENTITY  WHICH  PERFORMS
MOLD  ASSESSMENT SERVICES AND THE ENTITY WHICH PERFORMS MOLD REMEDIATION
SERVICES ON THE SAME PROPERTY.
  S 937. CIVIL PENALTIES AND REVOCATION. 1. THE DEPARTMENT MAY, AFTER  A
NOTICE  AND HEARING, SUSPEND OR REVOKE ANY LICENSE, OR CENSURE, FINE, OR
IMPOSE PROBATIONARY OR OTHER RESTRICTIONS ON ANY LICENSEE FOR GOOD CAUSE
SHOWN WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING:
  (A) CONVICTION OF A FELONY RELATING  TO  THE  PERFORMANCE  OF  A  MOLD
ASSESSMENT OR MOLD REMEDIATION;
  (B)  DECEIT  OR  MISREPRESENTATION  IN  OBTAINING A LICENSE AUTHORIZED
UNDER THIS ARTICLE;

S. 3667--D                          5

  (C) PROVIDING FALSE  TESTIMONY  OR  DOCUMENTS  TO  THE  DEPARTMENT  IN
RELATION  TO  A  LICENSE AUTHORIZED BY THIS ARTICLE OR ANY OTHER LICENSE
ISSUED BY THE DEPARTMENT;
  (D)  DECEIVING  OR  DEFRAUDING  THE  PUBLIC  IN  RELATION  TO SERVICES
PROVIDED FOR A FEE THAT REQUIRE A LICENSE; OR
  (E) INCOMPETENCE OR GROSS NEGLIGENCE IN RELATION TO MOLD ASSESSMENT OR
MOLD REMEDIATION.
  2. VIOLATORS OF ANY OF THE PROVISIONS OF THIS ARTICLE MAY BE FINED  BY
THE  DEPARTMENT  IN AN AMOUNT NOT TO EXCEED TWO THOUSAND DOLLARS FOR THE
INITIAL VIOLATION AND UP TO TEN THOUSAND  DOLLARS  FOR  EACH  SUBSEQUENT
VIOLATION.
  S  938.  DENIAL  OF  LICENSE;  COMPLAINTS;  NOTICE  OF HEARING. 1. THE
DEPARTMENT SHALL, BEFORE MAKING A DETERMINATION TO DENY  AN  APPLICATION
FOR  A  LICENSE, NOTIFY THE APPLICANT IN WRITING OF THE REASONS FOR SUCH
PROPOSED DENIAL AND AFFORD THE APPLICANT AN OPPORTUNITY TO BE  HEARD  IN
PERSON OR BY COUNSEL PRIOR TO DENIAL OF THE APPLICATION.  SUCH NOTIFICA-
TION  SHALL BE SERVED IN ANY MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW
AND RULES FOR SERVICE OF SUMMONS. SUCH NOTICE SHALL NOTIFY THE APPLICANT
THAT A REQUEST FOR A HEARING MUST  BE  MADE  WITHIN  THIRTY  DAYS  AFTER
RECEIPT  OF  SUCH  NOTIFICATION. IF A HEARING IS REQUESTED, SUCH HEARING
SHALL BE HELD AT SUCH TIME AND PLACE AS THE DEPARTMENT SHALL PRESCRIBE.
  2. IF THE APPLICANT FAILS TO MAKE A  WRITTEN  REQUEST  FOR  A  HEARING
WITHIN  THIRTY DAYS AFTER RECEIPT OF SUCH NOTIFICATION, THEN THE NOTIFI-
CATION OF DENIAL SHALL BECOME THE FINAL DETERMINATION OF THE DEPARTMENT.
THE DEPARTMENT SHALL HAVE SUBPOENA POWERS REGULATED BY THE  CIVIL  PRAC-
TICE  LAW  AND RULES. IF, AFTER SUCH HEARING, THE APPLICATION IS DENIED,
WRITTEN NOTICE OF SUCH DENIAL SHALL BE SERVED UPON THE APPLICANT IN  ANY
MANNER AUTHORIZED BY THE CIVIL PRACTICE LAW AND RULES FOR THE SERVICE OF
A SUMMONS.
  3.  THE DEPARTMENT SHALL, BEFORE REVOKING OR SUSPENDING ANY LICENSE OR
IMPOSING ANY FINE AS AUTHORIZED BY THIS  ARTICLE  OR  REPRIMAND  ON  THE
HOLDER  THEREOF,  OR BEFORE ISSUING ANY ORDER DIRECTING THE CESSATION OF
UNLICENSED ACTIVITIES, AND AT LEAST TEN DAYS PRIOR TO THE DATE  SET  FOR
THE HEARING, NOTIFY IN WRITING THE HOLDER OF SUCH LICENSE, OR THE PERSON
ALLEGED  TO  HAVE  ENGAGED IN UNLICENSED ACTIVITIES, OF ANY CHARGES MADE
AND SHALL AFFORD SUCH PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR  BY
COUNSEL IN REFERENCE THERETO.
  4. WRITTEN NOTICE MUST BE SERVED TO THE LICENSEE OR PERSON CHARGED.
  5.  THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE AS THE
DEPARTMENT SHALL PRESCRIBE.
  S 939. JUDICIAL REVIEW. THE ACTION OF THE COMMISSIONER IN  SUSPENDING,
REVOKING  OR  REFUSING  TO ISSUE OR RENEW A LICENSE, OR ISSUING AN ORDER
DIRECTING THE CESSATION OF UNLICENSED ACTIVITY OR  IMPOSING  A  FINE  OR
REPRIMAND  MAY BE APPEALED BY A PROCEEDING BROUGHT UNDER AND PURSUANT TO
ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  S 940. RULEMAKING AUTHORITY. THE  DEPARTMENT  SHALL  ADOPT  RULES  AND
REGULATIONS  TO OVERSEE THE PRACTICE OF MOLD ASSESSMENT, REMEDIATION AND
ABATEMENT AND TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.
                                  TITLE 2
                MINIMUM WORK STANDARDS FOR THE CONDUCT OF
          MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
SECTION 945. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD  ASSESSMENTS
               BY LICENSED PERSONS.
        946. MINIMUM  WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION
               BY LICENSED PERSONS.
        947. POST-REMEDIATION ASSESSMENT AND CLEARANCE.

S. 3667--D                          6

        948. INVESTIGATIONS AND COMPLAINTS.
  S  945.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS BY
LICENSED PERSONS. 1. A MOLD ASSESSMENT LICENSEE  SHALL  PREPARE  A  MOLD
REMEDIATION  PLAN  THAT  IS  SPECIFIC  TO  EACH  REMEDIATION PROJECT AND
PROVIDE THE PLAN TO THE CLIENT BEFORE THE REMEDIATION BEGINS.  THE  MOLD
REMEDIATION PLAN MUST SPECIFY:
  (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
  (B) THE ESTIMATED QUANTITIES OF MATERIALS TO BE CLEANED OR REMOVED;
  (C)  THE  METHODS TO BE USED FOR EACH TYPE OF REMEDIATION IN EACH TYPE
OF AREA;
  (D) THE PERSONAL PROTECTION EQUIPMENT (PPE) TO BE SUPPLIED BY LICENSED
REMEDIATORS FOR USE BY LICENSED ABATERS;
  (E) THE PROPOSED CLEARANCE PROCEDURES AND CRITERIA FOR  EACH  TYPE  OF
REMEDIATION IN EACH TYPE OF AREA;
  (F)  WHEN THE PROJECT IS A BUILDING THAT IS CURRENTLY OCCUPIED, HOW TO
PROPERLY NOTIFY SUCH OCCUPANTS OF SUCH PROJECTS  TAKING  INTO  CONSIDER-
ATION PROPER HEALTH CONCERNS; THE PLAN MUST ALSO PROVIDE RECOMMENDATIONS
FOR NOTICE AND POSTING REQUIREMENTS THAT ARE APPROPRIATE FOR THE PROJECT
SIZE, DURATION AND POINTS OF ENTRY;
  (G)  AN  ESTIMATE  OF COST AND AN ESTIMATED TIME FRAME FOR COMPLETION;
AND
  (H) WHEN POSSIBLE, THE UNDERLYING SOURCES  OF  MOISTURE  THAT  MAY  BE
CAUSING  THE  MOLD AND A RECOMMENDATION AS TO THE TYPE OF CONTRACTOR WHO
WOULD REMEDY THE SOURCE OF SUCH MOISTURE.
  2. THE CONTAINMENT SPECIFIED IN THE REMEDIATION PLAN MUST PREVENT  THE
SPREAD  OF  MOLD  TO AREAS OF THE BUILDING OUTSIDE THE CONTAINMENT UNDER
NORMAL CONDITIONS OF USE.
  3. A MOLD ASSESSMENT LICENSEE WHO INDICATES IN A REMEDIATION PLAN THAT
A DISINFECTANT, BIOCIDE, OR ANTIMICROBIAL COATING WILL BE USED ON A MOLD
REMEDIATION PROJECT SHALL INDICATE A SPECIFIC PRODUCT OR BRAND  ONLY  IF
IT  IS  REGISTERED  BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR THE INTENDED USE AND IF THE USE IS CONSISTENT WITH  THE  MANUFACTUR-
ER'S  LABELING INSTRUCTIONS. A DECISION BY A MOLD ASSESSMENT LICENSEE TO
USE SUCH PRODUCTS MUST TAKE INTO  ACCOUNT  THE  POTENTIAL  FOR  OCCUPANT
SENSITIVITIES.
  S  946.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION BY
LICENSED PERSONS. 1. A MOLD REMEDIATION LICENSEE SHALL  PREPARE  A  MOLD
REMEDIATION WORK PLAN THAT IS SPECIFIC TO EACH PROJECT, FULFILLS ALL THE
REQUIREMENTS  OF THE MOLD REMEDIATION PLAN DEVELOPED BY THE MOLD ASSESS-
MENT  LICENSEE  AS  PROVIDED  TO  THE  CLIENT  AND   PROVIDES   SPECIFIC
INSTRUCTIONS AND/OR STANDARD OPERATING PROCEDURES FOR HOW A MOLD REMEDI-
ATION  PROJECT  WILL  BE  PERFORMED. THE MOLD REMEDIATION LICENSEE SHALL
PROVIDE THE MOLD REMEDIATION WORK PLAN TO THE CLIENT BEFORE SITE  PREPA-
RATION WORK BEGINS.
  2.  IF  A  MOLD  ASSESSMENT LICENSEE SPECIFIES IN THE MOLD REMEDIATION
PLAN THAT PERSONAL  PROTECTION  EQUIPMENT  (PPE)  IS  REQUIRED  FOR  THE
PROJECT,  THE  MOLD REMEDIATION LICENSEE SHALL PROVIDE THE SPECIFIED PPE
TO ALL EMPLOYEES WHO ENGAGE IN REMEDIATION ACTIVITIES AND WHO  WILL,  OR
ARE  ANTICIPATED  TO, DISTURB OR REMOVE MOLD CONTAMINATION. THE CONTAIN-
MENT, WHEN CONSTRUCTED AS DESCRIBED IN THE  REMEDIATION  WORK  PLAN  AND
UNDER NORMAL CONDITIONS OF USE, MUST PREVENT THE SPREAD OF MOLD TO AREAS
OUTSIDE THE CONTAINMENT.
  3. SIGNS ADVISING THAT A MOLD REMEDIATION PROJECT IS IN PROGRESS SHALL
BE DISPLAYED AT ALL ACCESSIBLE ENTRANCES TO REMEDIATION AREAS.
  4.  NO  PERSON SHALL REMOVE OR DISMANTLE ANY CONTAINMENT STRUCTURES OR
MATERIALS FROM A PROJECT SITE PRIOR TO RECEIPT BY THE  MOLD  REMEDIATION

S. 3667--D                          7

LICENSEE  OVERSEEING  THE  PROJECT  OF  A  NOTICE FROM A MOLD ASSESSMENT
LICENSEE THAT THE PROJECT HAS ACHIEVED CLEARANCE AS DESCRIBED IN SECTION
NINE HUNDRED FORTY-SEVEN OF THIS TITLE.
  5. DISINFECTANTS, BIOCIDES AND ANTIMICROBIAL COATINGS MAY BE USED ONLY
IF THEIR USE IS SPECIFIED IN A MOLD REMEDIATION PLAN, IF THEY ARE REGIS-
TERED  BY  THE  UNITED  STATES  ENVIRONMENTAL  PROTECTION AGENCY FOR THE
INTENDED USE AND IF THE USE IS CONSISTENT WITH THE MANUFACTURER'S LABEL-
ING INSTRUCTIONS. IF A PLAN SPECIFIES THE USE OF SUCH A PRODUCT BUT DOES
NOT SPECIFY THE BRAND OR TYPE OF PRODUCT, A  MOLD  REMEDIATION  LICENSEE
MAY SELECT THE BRAND OR TYPE OF PRODUCT TO BE USED. A DECISION BY A MOLD
ASSESSMENT  OR REMEDIATION LICENSEE TO USE SUCH A PRODUCT MUST TAKE INTO
ACCOUNT THE POTENTIAL FOR OCCUPANT SENSITIVITIES  AND  POSSIBLE  ADVERSE
REACTIONS  TO  CHEMICALS  THAT  HAVE THE POTENTIAL TO BE OFF-GASSED FROM
SURFACES COATED WITH THE PRODUCT.
  S 947. POST-REMEDIATION ASSESSMENT AND CLEARANCE. 1. FOR A  REMEDIATED
PROJECT TO ACHIEVE CLEARANCE, A MOLD ASSESSMENT LICENSEE SHALL CONDUCT A
POST-REMEDIATION  ASSESSMENT.    THE  POST-REMEDIATION  ASSESSMENT SHALL
DETERMINE WHETHER:
  (A) THE WORK AREA IS FREE FROM ALL VISIBLE MOLD; AND
  (B) ALL WORK HAS BEEN COMPLETED IN  COMPLIANCE  WITH  THE  REMEDIATION
PLAN AND REMEDIATION WORK PLAN AND MEETS CLEARANCE CRITERIA SPECIFIED IN
THE PLAN.
  2.  POST-REMEDIATION  ASSESSMENT SHALL, TO THE EXTENT FEASIBLE, DETER-
MINE THAT THE UNDERLYING CAUSE OF THE MOLD HAS BEEN REMEDIATED  SO  THAT
IT IS REASONABLY CERTAIN THAT THE MOLD WILL NOT RETURN FROM THAT REMEDI-
ATED  AREA.  IF  IT HAS BEEN DETERMINED THAT THE UNDERLYING CAUSE OF THE
MOLD HAS NOT BEEN REMEDIATED, THE MOLD ASSESSMENT LICENSEE SHALL MAKE  A
RECOMMENDATION  TO  THE  CLIENT  AS  TO THE TYPE OF CONTRACTOR WHO COULD
REMEDY THE SOURCE OF THE MOLD OR THE MOISTURE CAUSING THE MOLD.
  3. A MOLD ASSESSMENT LICENSEE WHO DETERMINES THAT REMEDIATION HAS BEEN
SUCCESSFUL SHALL ISSUE A WRITTEN PASSED CLEARANCE REPORT TO  THE  CLIENT
AT THE CONCLUSION OF EACH MOLD REMEDIATION PROJECT.
  4. IF THE MOLD ASSESSMENT LICENSEE DETERMINES THAT REMEDIATION HAS NOT
BEEN  SUCCESSFUL, THE LICENSEE SHALL ISSUE A WRITTEN FINAL STATUS REPORT
TO THE CLIENT AND TO THE  REMEDIATION  LICENSEE  AND  RECOMMEND  TO  THE
CLIENT  THAT  EITHER A NEW ASSESSMENT BE CONDUCTED, THAT THE REMEDIATION
PLAN AS ORIGINALLY DEVELOPED BE COMPLETED, OR THE UNDERLYING  CAUSES  OF
MOLD BE ADDRESSED, AS APPROPRIATE.
  S  948. INVESTIGATIONS AND COMPLAINTS. THE COMMISSIONER SHALL HAVE THE
AUTHORITY TO INSPECT ONGOING OR COMPLETED MOLD ASSESSMENT AND MOLD REME-
DIATION PROJECTS AND TO CONDUCT AN INVESTIGATION UPON  HIS  OR  HER  OWN
INITIATION OR UPON RECEIPT OF A COMPLAINT BY ANY PERSON OR ENTITY.
  S  2. The state finance law is amended by adding a new section 97-pppp
to read as follows:
  S 97-PPPP. MOLD ASSESSMENT AND REMEDIATION ACCOUNT. 1. THERE IS HEREBY
ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER THE MOLD  ASSESSMENT
AND REMEDIATION ACCOUNT.
  2.  SUCH  ACCOUNT  SHALL  CONSIST  OF MONEYS COLLECTED PURSUANT TO THE
PROVISIONS OF ARTICLE THIRTY-TWO OF THE LABOR LAW.
  3. MONEYS OF THE ACCOUNT SHALL BE AVAILABLE  TO  THE  COMMISSIONER  OF
LABOR  FOR PURPOSES OF OFFSETTING THE COSTS INCURRED BY THE COMMISSIONER
OF LABOR FOR THE ADMINISTRATION OF ARTICLE THIRTY-TWO OF THE LABOR  LAW,
INCLUDING  THE  ADMINISTRATION  OF  LICENSES,  COURSE  WORK AND TRAINING
PROGRAMS, AND ENFORCEMENT AS SET FORTH IN SUCH ARTICLE THIRTY-TWO.

S. 3667--D                          8

  4. THE MONEYS SHALL BE PAID OUT  OF  THE  ACCOUNT  ON  THE  AUDIT  AND
WARRANT  OF  THE  COMPTROLLER  ON  VOUCHERS CERTIFIED OR APPROVED BY THE
COMMISSIONER OR HIS OR HER DESIGNEE.
  5.  NOTWITHSTANDING  THE  PROVISIONS OF ANY GENERAL OR SPECIAL LAW, NO
MONEYS SHALL BE AVAILABLE FROM THE ACCOUNT UNTIL A CERTIFICATE OF  ALLO-
CATION  AND  A  SCHEDULE  OF AMOUNTS TO BE AVAILABLE THEREFOR SHALL HAVE
BEEN ISSUED BY THE DIRECTOR OF THE BUDGET, AND A COPY  OF  SUCH  CERTIF-
ICATE  FILED  WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE AMENDED FROM
TIME TO TIME BY THE DIRECTOR OF THE BUDGET  AND  A  COPY  OF  EACH  SUCH
AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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