senate Bill S635A

Establishes the toxic mold safety and protection act and the toxic mold hazard insurance program; appropriation

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Bill Status


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

  • 09 / Jan / 2013
    • REFERRED TO FINANCE
  • 08 / Jan / 2014
    • REFERRED TO FINANCE
  • 21 / Jan / 2014
    • AMEND (T) AND RECOMMIT TO FINANCE
  • 21 / Jan / 2014
    • PRINT NUMBER 635A

Summary

Establishes the toxic mold safety and protection act and the toxic mold hazard insurance program; appropriates $250,000 therefor.

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Bill Details

See Assembly Version of this Bill:
A744A
Versions:
S635
S635A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Appropriations
Laws Affected:
Add Art 48-A Title I §§4850 - 4853 & Title II §§4855 - 4860, Pub Health L; add Art 57 §§5700 - 5722, Ins L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S3086A, A5845A
2009-2010: S5230, A648
2007-2008: S1752

Sponsor Memo

BILL NUMBER:S635A

TITLE OF BILL: An act to amend the public health law and the
insurance law, in relation to enacting the New York toxic mold safety
and protection act of 2014 and making an appropriation therefor

PURPOSE: To enact a state program that: provides research and
education on the dangers of toxic mold, requires inspections of
residential property and establishes a toxic mold hazard insurance
program.

SUMMARY OF PROVISIONS: Creates a new Article 48-A to the Public
Health Law which: provides for a study on the problem of toxic mold;
establishes standards for preventing, detecting, and remediating
indoor mold growth; and sponsors public education programs to promote
and increase public awareness of the dangers of indoor mold growth or
toxic mold. Specifically:

* Requires the Department of Environmental Conservation (DEC) and the
Department of Health (DOE) to jointly undertake a comprehensive study
of the health effects of indoor mold growth and tonic mold, with such
study submitted to the Governor and legislature. Also requires the
Division of Housing and Community Renewal (DHCR) to study and report
the impact of construction standards on indoor mold growth.

* Within one year of the effective date of the article, DEC, in
conjunction with appropriate agencies, shall promulgate rules and
regulations that include: standards for mold inspection, mold
remediation, testing the toxicity of mold, and the problem of mold
remediation; standards for certification of mold inspectors, mold
remediators, mold risk assessors and industrial hygienists involved
with mold remediation planning; and standards for the design.

* Requires the Superintendent to undertake studies to estimate
appropriate premium rates for toxic mold hazard insurance and requires
the Superintendent to prescribe by rules and regulations chargeable
premium rates for such insurance.

* Requires the Superintendent to encourage and assist insurance
companies to join together in a pool to provide toxic mold hazard
insurance. Allows the Superintendent to prescribe appropriate
requirements for insurance companies participating in such pool,
including minimum requirements for capital, surplus and assets.

* Allows Superintendent to make payments to the pool from money
appropriated for such purposes.

JUSTIFICATION: Many construction and plumbing contractors as well as
owners of buildings and apartments are facing a growing problem of
claims related to the formation of mold in buildings. The problem is
being compounded by insurance companies who are either excluding mold
from their insurance coverage or charging exorbitant premiums. In
either case, contractors and landlords are facing financial burdens at
a time they can least afford it.

Even though there is little scientific evidence directly linking mold
to serious and adverse health effects, the public has become


increasingly alarmed by "toxic mold" and its potential harmful
qualities.

Consequently, this act will study the potential dangers of mold,
educate the public about any health effects and provide standards for
preventing and remediatiag mold in buildings. The act will also
require inspections of residential buildings and create an insurance
program to help provide insurance for contractors and landlords.

LEGISLATIVE HISTORY: This legislation was previously introduced.

FISCAL IMPACT ON THE STATE: Appropriates $250,000 to pay, the
expenses incurred, including personal services, in carrying out the
provisions of this act.

EFFECTIVE DATE: This act shall take effect on the sixtieth day after
it shall have becomes law.

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

                                 635--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance -- recommitted  to
  the  Committee  on Finance in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN ACT to amend the public health law and the insurance law, in relation
  to  enacting the New York toxic mold safety and protection act of 2014
  and making an appropriation therefor

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

  Section  1.  Short  title. This act shall be known and may be cited as
"the New York toxic mold safety and protection act of 2014".
  S 2. The public health law is amended by adding a new article 48-A  to
read as follows:
                              ARTICLE 48-A
                               TOXIC MOLD
TITLE  I. RESEARCH AND PUBLIC EDUCATION (SS 4850-4853).
      II. HOUSING  PROVISIONS  FOR  INDOOR  MOLD  HAZARD  PREVENTION AND
           DETECTION (SS 4855-4860).

                                 TITLE I
                      RESEARCH AND PUBLIC EDUCATION
SECTION 4850. DEFINITIONS.
        4851. RESEARCH AND REPORTING.
        4852. STANDARDS  FOR  PREVENTING,  DETECTING,  AND   REMEDIATING
                INDOOR MOLD GROWTH.
        4853. PUBLIC EDUCATION.
  S 4850. DEFINITIONS. WHEN USED IN THIS ARTICLE:
  1.  "MOLD"  MEANS  ANY FURRY GROWTH OF MINUTE FUNGI OCCURRING IN MOIST
CONDITIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02973-02-4

S. 635--A                           2

  2. "TOXIC MOLD" MEANS ANY  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,
NATIONAL  INSTITUTE  OF  HEALTH  OR OTHER FEDERAL, STATE OR LOCAL AGENCY
ORGANIZED IN PART TO STUDY AND/OR PROTECT HUMAN HEALTH.
  3. "TOXIC MOLD RISK ASSESSOR" MEANS A PERSON WHO ESTABLISHES THE LEVEL
OF RISK TO PUBLIC HEALTH ASSOCIATED WITH TOXIC MOLD.
  4. "MOLD INSPECTION" MEANS AN INSPECTION  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.
  S 4851. RESEARCH AND REPORTING. 1.  THE  DEPARTMENT  OF  ENVIRONMENTAL
CONSERVATION  AND THE DEPARTMENT SHALL JOINTLY UNDERTAKE A COMPREHENSIVE
STUDY OF THE HEALTH EFFECTS OF INDOOR MOLD GROWTH AND  TOXIC  MOLD.  THE
RESULTS  OF THE AFOREMENTIONED STUDY SHALL BE SUBMITTED TO THE GOVERNOR,
THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE  MINORITY  LEADER  OF  THE
SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY
AND  THE  GENERAL PUBLIC. THE STUDY SHOULD ASCERTAIN AMONG OTHER THINGS:
DETAILED INFORMATION ABOUT HARMFUL AND/OR TOXIC STRAINS OF MOLD; METHODS
OF DETECTING HARMFUL AND/OR TOXIC MOLD; POTENTIAL DANGERS  OF  PROLONGED
EXPOSURE  TO  INDOOR  MOLD  GROWTH;  MINIMUM LEVELS OF EXPOSURE AT WHICH
INDOOR MOLD GROWTH IS HARMFUL TO HUMAN HEALTH; AND THE HAZARDS  INVOLVED
IN MOLD REMEDIATION.
  2.  THE  DIVISION  OF  HOUSING  AND  COMMUNITY RENEWAL SHALL STUDY AND
REPORT THE IMPACT OF CONSTRUCTION STANDARDS ON INDOOR MOLD GROWTH.  SUCH
STUDY SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF  THE  ASSEMBLY
AND THE MINORITY LEADER OF THE ASSEMBLY.
  3.  ALL RESEARCH AND STUDY CONDUCTED PURSUANT TO THIS ARTICLE SHALL BE
ONGOING WITH UPDATED REPORTS PUBLISHED AS NEEDED  TO  ADEQUATELY  INFORM
THE PUBLIC AND PROTECT HUMAN HEALTH.
  S  4852.  STANDARDS  FOR PREVENTING, DETECTING, AND REMEDIATING INDOOR
MOLD GROWTH.  1. AFTER APPROPRIATE RESEARCH AND  STUDY  AS  REQUIRED  BY
THIS  ARTICLE,  BUT  NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE OF
THIS ARTICLE, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN  CONJUNC-
TION  WITH  APPROPRIATE AGENCIES, SHALL PROMULGATE RULES AND REGULATIONS
THAT INCLUDE AMONG OTHER THINGS: STANDARDS  FOR  MOLD  INSPECTION,  MOLD
REMEDIATION, TESTING THE TOXICITY OF MOLD, AND THE PROBLEM OF MOLD REME-
DIATION;  STANDARDS  FOR CERTIFICATION OF MOLD INSPECTORS, MOLD REMEDIA-
TORS, MOLD TESTING LABS, MOLD RISK ASSESSORS AND  INDUSTRIAL  HYGIENISTS
INVOLVED  WITH  MOLD REMEDIATION PLANNING; AND STANDARDS FOR THE DESIGN,
INSTALLATION, AND MAINTENANCE OF AIR VENTILATION AND/OR AIR-CONDITIONING
SYSTEMS TO PREVENT MOLD GROWTH OR CREATION  OF  CONDITIONS  THAT  FOSTER
MOLD GROWTH.
  2.  AFTER  APPROPRIATE RESEARCH AND STUDY AS REQUIRED BY THIS ARTICLE,
BUT NOT LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  ARTICLE,
THE  DIVISION  OF  HOUSING AND COMMUNITY RENEWAL SHALL PROMULGATE GUIDE-
LINES IDENTIFYING CONDITIONS CREATED PRIOR TO  AND  DURING  CONSTRUCTION
THAT  FACILITATE  THE GROWTH OF INDOOR MOLD AND RECOMMENDING APPROPRIATE
MEANS OF ELIMINATING THOSE CONDITIONS.
  3. TO THE MAXIMUM  EXTENT  POSSIBLE,  THE  STANDARDS,  GUIDELINES  AND
RECOMMENDATIONS  ESTABLISHED  UNDER THIS SECTION SHALL BE DEVELOPED WITH
THE ASSISTANCE OF ORGANIZATIONS INVOLVED IN ESTABLISHING NATIONAL BUILD-
ING CONSTRUCTION STANDARDS AND REPRESENTATIVES OF STATE OR LOCAL AUTHOR-

S. 635--A                           3

ITIES RESPONSIBLE FOR BUILDING INSPECTIONS AND ISSUANCE OF  CERTIFICATES
OF OCCUPANCY.
  4.  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION AND THE DIVISION OF
HOUSING AND COMMUNITY RENEWAL SHALL  MAKE  DRAFTS  OF  THEIR  RESPECTIVE
DOCUMENTS  AVAILABLE  FOR PUBLIC REVIEW AND COMMENT THIRTY DAYS PRIOR TO
PUBLICATION. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE  DIVI-
SION  OF  HOUSING AND COMMUNITY RENEWAL SHALL MAKE FINAL MODEL STANDARDS
AND TECHNIQUES AVAILABLE TO THE PUBLIC NO LATER THAN ONE YEAR AFTER  THE
EFFECTIVE DATE OF THIS ARTICLE.
  5.  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  SHALL  TAKE SUCH
ACTIONS AS MAY BE NECESSARY TO INFORM APPROPRIATE LOCAL GOVERNMENT AGEN-
CIES AND AUTHORITIES OF THE MODEL STANDARDS AND TECHNIQUES WITH THE GOAL
OF ENSURING THAT SUCH AGENCIES AND AUTHORITIES ADOPT SUCH STANDARDS  AND
TECHNIQUES BY JUNE FIRST, TWO THOUSAND FOURTEEN.
  6.  ALL  STANDARDS AND GUIDELINES PROMULGATED PURSUANT TO THIS ARTICLE
SHALL BE UPDATED AND PUBLISHED AS NEEDED TO ADEQUATELY INFORM THE PUBLIC
AND PROTECT HUMAN HEALTH.
  S 4853. PUBLIC EDUCATION.  1. THE DEPARTMENT OF ENVIRONMENTAL  CONSER-
VATION, THE DEPARTMENT AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
AND  OTHER  RELEVANT AGENCIES SHALL SPONSOR PUBLIC EDUCATION PROGRAMS TO
PROMOTE AND INCREASE PUBLIC AWARENESS OF  THE  DANGERS  OF  INDOOR  MOLD
GROWTH OR TOXIC MOLD.
  2.  THE  PUBLIC EDUCATION PROGRAMS SHOULD INCLUDE, AMONG OTHER THINGS,
INFORMATION REGARDING THE CONDITIONS THAT FACILITATE INDOOR MOLD GROWTH;
GUIDELINES FOR REMEDIATING INDOOR MOLD GROWTH; DANGERS  OF  EXPOSURE  TO
INDOOR  MOLD  GROWTH IN PUBLIC BUILDINGS; RISK ASSESSMENT AND INSPECTION
METHODS FOR TOXIC MOLD; AND OTHER NECESSARY INFORMATION.
  A. THE PUBLIC EDUCATION PROGRAMS SHALL PROVIDE EDUCATION AND  INFORMA-
TION  THROUGH MODES OF COMMUNICATION THAT ARE COMMONLY UTILIZED AND ABLE
TO BE EASILY CONSUMED BY RELEVANT INDIVIDUALS OR ORGANIZATIONS;
  B. PUBLIC EDUCATION  PROGRAMS  SHOULD  BE  DESIGNED  TO  REACH  HEALTH
PROFESSIONALS;  THE  GENERAL PUBLIC; HOMEOWNERS, PROSPECTIVE HOMEOWNERS,
LANDLORDS, AND TENANTS; CONSUMERS OF HOME IMPROVEMENT PRODUCTS; THE REAL
ESTATE INDUSTRY; THE HOME CONSTRUCTION AND RENOVATION INDUSTRY,  INCLUD-
ING THE HEATING AND AIR CONDITIONING INDUSTRY; AND OTHER INDIVIDUALS AND
ORGANIZATIONS WITH AN INTEREST IN THE USE AND/OR OCCUPANCY OF REAL PROP-
ERTY.
  3.  NOTWITHSTANDING  THE  FOREGOING,  THE  DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, IN CONSULTATION WITH APPROPRIATE AGENCIES, SHALL  PUBLISH,
AND PERIODICALLY REVISE, A PAMPHLET REGARDING INDOOR MOLD HAZARDS. AMONG
OTHER  THINGS  THIS  PAMPHLET  SHOULD: CONTAIN INFORMATION REGARDING THE
HEALTH RISKS ASSOCIATED WITH EXPOSURE TO  INDOOR  MOLD  GROWTH;  PROVIDE
INFORMATION  ON  THE  HAZARDS  OF  INDOOR MOLD GROWTH IN PUBLIC HOUSING;
DESCRIBE THE RISKS OF MOLD EXPOSURE FOR PERSONS RESIDING IN  A  DWELLING
WITH  TOXIC MOLD; PROVIDE INFORMATION ON APPROVED METHODS FOR EVALUATING
AND REDUCING MOLD GROWTH AND THEIR EFFECTIVENESS IN IDENTIFYING,  REDUC-
ING,  ELIMINATING,  OR  PREVENTING  MOLD  GROWTH;  ADVISE PERSONS HOW TO
OBTAIN A LIST OF PERSONS CERTIFIED TO INSPECT OR REMEDIATE  MOLD  GROWTH
IN  THE  AREA  IN  WHICH  THE  PAMPHLET IS TO BE USED; STATE THAT A RISK
ASSESSMENT OR INSPECTION FOR MOLD GROWTH IS  RECOMMENDED  PRIOR  TO  THE
PURCHASE,  LEASE,  OR  RENOVATION  OF TARGET HOUSING; STATE THAT CERTAIN
STATE AND LOCAL LAWS IMPOSE  ADDITIONAL  REQUIREMENTS  RELATED  TO  MOLD
GROWTH  IN  HOUSING  AND  PROVIDE A LISTING OF FEDERAL, STATE, AND LOCAL
AGENCIES, INCLUDING ADDRESS  AND  TELEPHONE  NUMBER,  THAT  CAN  PROVIDE
INFORMATION ABOUT APPLICABLE LAWS AND AVAILABLE GOVERNMENTAL AND PRIVATE
ASSISTANCE  AND  FINANCING;  AND  PROVIDE INFORMATION DEEMED APPROPRIATE

S. 635--A                           4

AND/OR NECESSARY TO PROMOTE AWARENESS OF THE  HAZARDS  POSED  BY  INDOOR
MOLD.

                                TITLE II
          HOUSING PROVISIONS FOR INDOOR MOLD HAZARD PREVENTION
                              AND DETECTION
SECTION 4855. INSPECTIONS OF RESIDENTIAL PROPERTY.
        4856. SALE OR LEASE OF RESIDENTIAL PROPERTY.
        4857. INSPECTION REQUIREMENTS FOR EXISTING PUBLIC HOUSING.
        4858. CONSTRUCTION REQUIREMENTS FOR NEW PUBLIC HOUSING.
        4859. BUILDING CODES.
        4860.  INSPECTION  REQUIREMENT  IN CONNECTION WITH STATE MADE OR
                INSURED MORTGAGES.
  S 4855. INSPECTIONS  OF  RESIDENTIAL  PROPERTY.    COMMENCING  JANUARY
FIRST,  TWO THOUSAND SIXTEEN, THE LESSOR OF EACH UNIT OF RENTAL PROPERTY
SHALL CONDUCT AN ANNUAL INSPECTION OF SUCH PROPERTY IN  ACCORDANCE  WITH
THE  MODEL  STANDARDS  AND  TECHNIQUES  SET FORTH IN SECTION FORTY-EIGHT
HUNDRED FIFTY-TWO OF THIS ARTICLE AND SHALL PROMPTLY  NOTIFY  THE  OCCU-
PANTS OF SUCH PROPERTY OF THE RESULTS OF SUCH INSPECTION.
  S 4856. SALE OR LEASE OF RESIDENTIAL PROPERTY. 1. NOT LATER THAN JANU-
ARY  FIRST,  TWO  THOUSAND  SEVENTEEN,  THE  COMMISSIONER OF HOUSING AND
COMMUNITY RENEWAL AND THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION
SHALL  PROMULGATE  RULES  AND  REGULATIONS  UNDER  THIS  SECTION FOR THE
DISCLOSURE OF MOLD HAZARDS IN HOUSING  WHICH  IS  OFFERED  FOR  SALE  OR
LEASE.
  2.  THE  RULES  AND REGULATIONS SHALL REQUIRE THAT, BEFORE THE SALE OR
LEASE OF REAL PROPERTY A MOLD INSPECTION BE CONDUCTED BY A  STATE-CERTI-
FIED MOLD INSPECTOR AND, WITHIN A REASONABLE TIME PRIOR TO THE EFFECTIVE
DATE  OF  THE  PURCHASE OR LEASE, THE SELLER OR LESSOR SHALL CLEARLY AND
ACCURATELY DISCLOSE TO THE  PURCHASER  OR  LESSEE  THE  RESULTS  OF  THE
INSPECTION REQUIRED UNDER THIS SECTION.
  3.  RULES AND REGULATIONS PROMULGATED UNDER THIS SECTION SHALL PROVIDE
THAT EVERY CONTRACT FOR THE SALE OR LEASE OF  ANY  INTEREST  IN  HOUSING
SHALL CONTAIN A STATEMENT SIGNED BY BOTH THE SELLER OR LESSOR AND BY THE
PURCHASER  OR LESSEE THAT ACKNOWLEDGES THE RESULT OF THE MOLD INSPECTION
REQUIRED BY SUBDIVISION TWO OF THIS SECTION.
  4. ANY PERSON WHO  KNOWINGLY  MISREPRESENTS  THE  RESULTS  OF  A  MOLD
INSPECTION  OR  CAUSES THE RESULTS OF A MOLD INSPECTION TO BE INACCURATE
SHALL BE SUBJECT TO A CIVIL MONEY PENALTY OF ONE THOUSAND DOLLARS.
  5. ANY PERSON WHO KNOWINGLY VIOLATES THE PROVISIONS  OF  THIS  SECTION
SHALL  BE  JOINTLY AND SEVERALLY LIABLE TO THE PURCHASER OR LESSEE IN AN
AMOUNT EQUAL TO THREE TIMES THE AMOUNT OF DAMAGES INCURRED BY SUCH INDI-
VIDUAL.
  6. IN ANY CIVIL ACTION BROUGHT FOR DAMAGES, THE APPROPRIATE COURT  MAY
AWARD  COURT  COSTS  TO  THE PARTY COMMENCING SUCH ACTION, TOGETHER WITH
REASONABLE ATTORNEY FEES AND ANY EXPERT  WITNESS  FEES,  IF  THAT  PARTY
PREVAILS.
  S  4857.  INSPECTION  REQUIREMENTS FOR EXISTING PUBLIC HOUSING. 1. THE
COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL ESTABLISH PROCEDURES
TO ELIMINATE, AS FAR AS PRACTICABLE, THE HAZARDS  OF  INDOOR  MOLD  WITH
RESPECT  TO  ANY EXISTING PUBLIC HOUSING WHICH MAY PRESENT SUCH HAZARDS,
IN ACCORDANCE WITH THIS  SECTION.  SUCH  PROCEDURES  SHALL  PROVIDE  FOR
APPROPRIATE  MEASURES  TO CONDUCT RISK ASSESSMENTS, INSPECTIONS, INTERIM
CONTROLS, AND ABATEMENT OF INDOOR MOLD HAZARDS.
  2. AT A MINIMUM, SUCH  PROCEDURES  SHALL  REQUIRE:  THE  PROVISION  OF
INDOOR  MOLD  HAZARD  INFORMATION  PAMPHLETS  TO  TENANTS; PERIODIC RISK

S. 635--A                           5

ASSESSMENTS AND INTERIM CONTROLS IN ACCORDANCE WITH  A  SCHEDULE  DETER-
MINED  BY  THE  COMMISSIONER  OF  HOUSING  AND  COMMUNITY  RENEWAL; MOLD
INSPECTIONS; ABATEMENT OF INDOOR MOLD  HAZARDS  IDENTIFIED;  WHERE  RISK
ASSESSMENT,  INSPECTION,  OR  REDUCTION ACTIVITIES HAVE BEEN UNDERTAKEN,
THE PROVISION OF NOTICE TO OCCUPANTS DESCRIBING THE NATURE AND SCOPE  OF
SUCH  ACTIVITIES  AND  THE ACTUAL RISK ASSESSMENT OR INSPECTION REPORTS;
AND SUCH OTHER MEASURES AS THE COMMISSIONER  OF  HOUSING  AND  COMMUNITY
RENEWAL DEEMS APPROPRIATE.
  S 4858. CONSTRUCTION REQUIREMENTS FOR NEW PUBLIC HOUSING.  THE COMMIS-
SIONER  OF  HOUSING  AND  COMMUNITY  RENEWAL SHALL TAKE SUCH ACTIONS AND
IMPOSE SUCH STANDARDS AND CONDITIONS AS MAY BE NECESSARY OR  APPROPRIATE
TO ENSURE THAT PUBLIC HOUSING CONSTRUCTED AFTER THE DATE OF THE ISSUANCE
OF  THE  MODEL  CONSTRUCTION  STANDARDS AND TECHNIQUES ESTABLISHED UNDER
SECTION FORTY-EIGHT HUNDRED FIFTY-TWO OF THIS ARTICLE, IS CONSTRUCTED IN
ACCORDANCE WITH SUCH MODEL STANDARDS AND TECHNIQUES.
  S 4859. BUILDING CODES. 1. THE COMMISSIONER OF HOUSING  AND  COMMUNITY
RENEWAL  SHALL  DEVELOP  MODEL CONSTRUCTION STANDARDS AND TECHNIQUES FOR
PREVENTING AND CONTROLLING MOLD WITHIN NEW BUILDINGS.
  2. THE MODEL STANDARDS AND TECHNIQUES  SHALL  PROVIDE  FOR  GEOGRAPHIC
DIFFERENCES  IN  CONSTRUCTION TYPES AND MATERIALS, GEOLOGY, WEATHER, AND
OTHER VARIABLES THAT MAY AFFECT MOLD LEVELS IN NEW BUILDINGS.
  3. TO THE MAXIMUM EXTENT  POSSIBLE,  THESE  STANDARDS  AND  TECHNIQUES
SHOULD  BE  DEVELOPED  WITH  THE ASSISTANCE OF ORGANIZATIONS INVOLVED IN
ESTABLISHING NATIONAL BUILDING CONSTRUCTION  STANDARDS  AND  TECHNIQUES.
THE  COMMISSIONER OF HOUSING AND COMMUNITY RENEWAL SHALL MAKE A DRAFT OF
THE DOCUMENT CONTAINING THE MODEL STANDARDS AND TECHNIQUES AVAILABLE FOR
PUBLIC REVIEW AND COMMENT. THE COMMISSIONER  OF  HOUSING  AND  COMMUNITY
RENEWAL SHALL MAKE FINAL MODEL STANDARDS AND TECHNIQUES AVAILABLE TO THE
PUBLIC NO LATER THAN JANUARY FIRST, TWO THOUSAND FIFTEEN.
  S  4860.  INSPECTION  REQUIREMENT  IN  CONNECTION  WITH  STATE MADE OR
INSURED MORTGAGES. 1. AFTER DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN,
NO STATE AGENCY MAY MAKE, INSURE, OR GUARANTEE A MORTGAGE  OR  LOAN  FOR
PURCHASE OR LEASE OF RESIDENTIAL REAL PROPERTY UNLESS: THERE HAS BEEN AN
INSPECTION OF THE PROPERTY FOR THE PRESENCE OF INDOOR MOLD GROWTH, TOXIC
MOLD AND/OR THE CONDITIONS THAT FACILITATE INDOOR MOLD GROWTH HAZARDS BY
A  MOLD  INSPECTOR  CERTIFIED  IN  ACCORDANCE WITH STANDARDS PROMULGATED
PURSUANT TO THIS ARTICLE WITHIN A REASONABLE TIME PRIOR TO  THE  MAKING,
INSURING, OR GUARANTEEING OF THE MORTGAGE OR LOAN AND THE RESULTS OF THE
INSPECTION ARE CLEARLY AND ACCURATELY DISCLOSED TO THE PURCHASER, SELLER
AND  MORTGAGOR; AND THE CONTRACT FOR PURCHASE AND SALE OF AN INTEREST IN
RESIDENTIAL REAL PROPERTY FOR WHICH  SUCH  MORTGAGE  OR  LOAN  WAS  MADE
CONTAINS A STATEMENT SIGNED BY THE SELLER OR LESSOR AND BY THE PURCHASER
OR LESSEE THAT THESE CONDITIONS HAVE BEEN COMPLIED WITH.
  2. THE HEADS OF EACH OF THE AGENCIES OR AUTHORITIES THAT MAKE, INSURE,
OR  GUARANTEE  MORTGAGES  OR  LOANS FOR PURCHASE OR LEASE OF RESIDENTIAL
REAL PROPERTY SHALL, NOT LATER THAN SEPTEMBER  THIRTIETH,  TWO  THOUSAND
FOURTEEN,  ISSUE SUCH RULES AND REGULATIONS AS MAY BE NECESSARY TO CARRY
OUT THIS SECTION.
  S 3. The insurance law is amended by adding a new article 57  to  read
as follows:
                                ARTICLE 57
                   TOXIC MOLD HAZARD INSURANCE PROGRAM
SECTION 5700. PROGRAM AUTHORITY.
        5701. SCOPE OF PROGRAM AND PRIORITIES.
        5702. NATURE AND LIMITATION OF INSURANCE COVERAGE.
        5703. ESTIMATES OF PREMIUM RATES.

S. 635--A                           6

        5704. ESTABLISHMENT OF CHARGEABLE PREMIUM RATES.
        5705. TOXIC MOLD HAZARD INSURANCE FUND.
        5706. OPERATING COSTS AND ALLOWANCES.
        5707. PAYMENT OF CLAIMS.
        5708. DISSEMINATION OF INSURANCE INFORMATION.
        5709. COORDINATION WITH OTHER PROGRAMS.
        5710. REPORTS.
        5711. IMPLEMENTATION.
        5712. INDUSTRY INSURANCE POOL.
        5713. AGREEMENTS WITH INSURANCE POOL.
        5714. ADJUSTMENT AND PAYMENT OF CLAIMS AND JUDICIAL REVIEW.
        5715. PREMIUM EQUALIZATION PAYMENTS.
        5716. EMERGENCY IMPLEMENTATION OF PROGRAM.
        5717. ADJUSTMENT AND PAYMENT OF CLAIMS AND JUDICIAL REVIEW.
        5718. SERVICES BY THE INSURANCE INDUSTRY.
        5719. USE  OF  INSURANCE POOL, COMPANIES OR OTHER PRIVATE ORGAN-
                IZATIONS FOR CERTAIN PAYMENTS.
        5720. SETTLEMENT AND ARBITRATION.
        5721. RECORDS AND AUDITS.
        5722. PAYMENTS.
  S 5700. PROGRAM AUTHORITY.  (A) THE SUPERINTENDENT SHALL ESTABLISH AND
CARRY OUT A STATE TOXIC MOLD  INSURANCE  PROGRAM  TO  ENABLE  INTERESTED
PERSONS TO PURCHASE INSURANCE AGAINST LOSSES RESULTING FROM MOLD HAZARDS
IN REAL PROPERTIES LOCATED IN THE STATE.
  (B) IN CARRYING OUT THE TOXIC MOLD HAZARD INSURANCE PROGRAM UNDER THIS
ARTICLE,  THE  SUPERINTENDENT  SHALL, TO THE MAXIMUM EXTENT PRACTICABLE,
ENCOURAGE AND ARRANGE FOR APPROPRIATE FINANCIAL PARTICIPATION  AND  RISK
SHARING  IN  THE  PROGRAM BY INSURANCE COMPANIES AND OTHER INSURERS; AND
OTHER APPROPRIATE PARTICIPATION ON OTHER THAN A RISK-SHARING  BASIS,  BY
INSURANCE  COMPANIES  AND  OTHER INSURERS, INSURANCE AGENTS AND BROKERS,
AND INSURANCE ADJUSTMENT ORGANIZATIONS.
  S 5701. SCOPE OF PROGRAM AND PRIORITIES.   (A)  IN  CARRYING  OUT  THE
TOXIC  MOLD  HAZARD INSURANCE PROGRAM, THE SUPERINTENDENT SHALL AFFORD A
PRIORITY TO MAKING TOXIC MOLD HAZARD INSURANCE AVAILABLE TO COVER  RESI-
DENTIAL  PROPERTIES  WHICH ARE DESIGNED FOR THE OCCUPANCY OF FROM ONE TO
FOUR FAMILIES.
  (B) IF, PURSUANT TO STUDIES AND  INVESTIGATIONS  PURSUANT  TO  SECTION
FIVE THOUSAND SEVEN HUNDRED THREE OF THIS ARTICLE OR SUCH OTHER INFORMA-
TION  AS  THE  SUPERINTENDENT  CONSIDERS APPROPRIATE, THE SUPERINTENDENT
DETERMINES THAT IT WOULD BE FEASIBLE TO  EXTEND  THE  INSURANCE  PROGRAM
UNDER  THIS  ARTICLE  TO  COVER OTHER PROPERTIES, THE SUPERINTENDENT MAY
TAKE SUCH ACTION UNDER THIS ARTICLE AS MAY BE NECESSARY TO  MAKE  INSUR-
ANCE AVAILABLE TO COVER, ON SUCH BASIS AS MAY BE FEASIBLE, ANY TYPES AND
CLASSES  OF:  OTHER RESIDENTIAL PROPERTIES; CHURCH PROPERTIES, AND BUSI-
NESS PROPERTIES WHICH ARE OWNED OR LEASED AND OPERATED BY SMALL BUSINESS
CONCERNS; OTHER BUSINESS  PROPERTIES;  PROPERTIES  OCCUPIED  BY  PRIVATE
NONPROFIT ORGANIZATIONS; AND PROPERTIES OWNED BY STATE AND LOCAL GOVERN-
MENTS  AND  AGENCIES  THEREOF; AND ANY SUCH EXTENSIONS OF THE PROGRAM TO
ANY TYPES AND CLASSES OF THESE PROPERTIES SHALL FROM  TIME  TO  TIME  BE
PRESCRIBED IN RULES AND REGULATIONS.
  S  5702.  NATURE AND LIMITATION OF INSURANCE COVERAGE. THE SUPERINTEN-
DENT SHALL  FROM  TIME  TO  TIME,  AFTER  CONSULTATION  WITH  INTERESTED
PARTIES, PROVIDE BY RULE AND REGULATION FOR GENERAL TERMS AND CONDITIONS
OF  INSURABILITY  WHICH  SHALL  BE APPLICABLE TO PROPERTIES ELIGIBLE FOR
TOXIC MOLD HAZARD INSURANCE COVERAGE UNDER SECTION FIVE  THOUSAND  SEVEN
HUNDRED  ONE  OF  THIS  ARTICLE,  INCLUDING:    THE  TYPES, CLASSES, AND

S. 635--A                           7

LOCATIONS OF ANY SUCH PROPERTIES WHICH SHALL BE ELIGIBLE FOR SUCH INSUR-
ANCE; THE NATURE AND LIMITS OF LOSS OR DAMAGE THAT  MAY  BE  COVERED  BY
SUCH  INSURANCE,  WHICH SHALL INCLUDE COSTS OF PROPERTY DAMAGE AND LOSS,
REMEDIATION,  RELOCATION (DURING REMEDIATION OR PERMANENTLY), AND RENTAL
OF AN ALTERNATIVE DWELLING DURING REMEDIATION; THE CLASSIFICATION, LIMI-
TATION, AND REJECTION OF ANY RISKS THAT MAY BE APPROPRIATE;  APPROPRIATE
MINIMUM  PREMIUMS;  APPROPRIATE  LOSS-DEDUCTIBLES; APPROPRIATE LIMITS ON
AGGREGATE LIABILITY UNDER SUCH COVERAGE, BASED ON THE TYPE  OF  PROPERTY
INSURED; AND ANY OTHER TERMS AND CONDITIONS RELATING TO INSURANCE COVER-
AGE  OR  EXCLUSION  WHICH  MAY BE NECESSARY TO CARRY OUT THE PURPOSES OF
THIS ARTICLE.
  S 5703. ESTIMATES OF PREMIUM RATES. THE SUPERINTENDENT SHALL UNDERTAKE
AND CARRY OUT SUCH STUDIES AND INVESTIGATIONS AND   RECEIVE OR  EXCHANGE
SUCH INFORMATION AS MAY BE NECESSARY TO ESTIMATE, AND SHALL FROM TIME TO
TIME  ESTIMATE  THE FOLLOWING PREMIUM RATES FOR TOXIC MOLD HAZARD INSUR-
ANCE COVERAGE UNDER THIS ARTICLE:
  (A) ACTUARIAL RATES. THE RISK PREMIUM RATES THAT WOULD BE REQUIRED  TO
MAKE  SUCH  INSURANCE  AVAILABLE ON AN ACTUARIAL BASIS FOR ANY TYPES AND
CLASSES OF PROPERTIES FOR WHICH INSURANCE COVERAGE  IS  AVAILABLE  UNDER
SECTION  FIVE  THOUSAND SEVEN HUNDRED ONE OF THIS ARTICLE AND WHICH: ARE
BASED ON CONSIDERATION OF THE RISK INVOLVED AND ACCEPTED ACTUARIAL PRIN-
CIPLES; INCLUDE THE APPLICABLE OPERATING COSTS AND ALLOWANCES SET  FORTH
IN  THE  SCHEDULES  PRESCRIBED UNDER SECTION FIVE THOUSAND SEVEN HUNDRED
SIX OF THIS ARTICLE AND REFLECTED IN SUCH RATES; AND INCLUDE ANY  ADMIN-
ISTRATIVE  EXPENSES  OF  CARRYING  OUT  THE INSURANCE PROGRAM UNDER THIS
ARTICLE.
  (B) SUBSIDIZED RATES. THE RISK PREMIUM RATES THAT: ARE LESS  THAN  THE
RATES  ESTIMATED  UNDER SUBSECTION (A) OF THIS SECTION; WOULD BE REASON-
ABLE; WOULD ENCOURAGE PROSPECTIVE INSUREDS TO PURCHASE TOXIC MOLD HAZARD
INSURANCE COVERAGE; WOULD BE CONSISTENT WITH THE PURPOSES OF THIS  ARTI-
CLE;  AND  INCLUDE  ANY ADMINISTRATIVE EXPENSES INCURRED IN CARRYING OUT
THE INSURANCE PROGRAM UNDER THIS ARTICLE.
  S 5704. ESTABLISHMENT OF CHARGEABLE PREMIUM RATES. (A) ON THE BASIS OF
ESTIMATES MADE UNDER SECTION FIVE THOUSAND SEVEN HUNDRED THREE  OF  THIS
ARTICLE  AND SUCH OTHER INFORMATION AS MAY BE NECESSARY, THE SUPERINTEN-
DENT SHALL FROM TIME TO TIME, AFTER  CONSULTATION  WITH  THE  INTERESTED
PARTIES,  PRESCRIBE  BY  RULES AND REGULATIONS: CHARGEABLE PREMIUM RATES
FOR ANY TYPES AND CLASSES OF PROPERTIES  FOR  WHICH  INSURANCE  COVERAGE
SHALL BE AVAILABLE UNDER SECTION FIVE THOUSAND SEVEN HUNDRED ONE OF THIS
ARTICLE  (AT  LESS  THAN  THE ESTIMATED RISK PREMIUM RATES UNDER SECTION
FIVE THOUSAND SEVEN HUNDRED THREE OF THIS ARTICLE, WHERE NECESSARY), AND
THE TERMS AND CONDITIONS UNDER WHICH, AND THE AREAS WITHIN  WHICH,  SUCH
RATES SHALL APPLY.
  (B) SUCH RATES SHALL, INSOFAR AS PRACTICABLE, BE:
  (1) BASED ON A CONSIDERATION OF THE RESPECTIVE RISKS INVOLVED, INCLUD-
ING DIFFERENCES IN RISKS DUE TO CONSTRUCTION TYPES AND MATERIALS, BUILD-
ING  SYSTEMS,  GEOLOGY,  CLIMATE, AND OTHER FACTORS THAT MAY AFFECT MOLD
LEVELS IN BUILDINGS;
  (2) ADEQUATE, ON  THE  BASIS  OF  ACCEPTED  ACTUARIAL  PRINCIPLES,  TO
PROVIDE  RESERVES  FOR  ANTICIPATED  LOSSES; OR IF LESS THAN SUCH AMOUNT
CONSISTENT WITH THE OBJECTIVE OF  MAKING  TOXIC  MOLD  HAZARD  INSURANCE
COVERAGE  AVAILABLE WHERE NECESSARY AT REASONABLE RATES SO AS TO ENCOUR-
AGE PROSPECTIVE  INSUREDS  TO  PURCHASE  SUCH  INSURANCE  AND  WITH  THE
PURPOSES OF THIS ARTICLE;
  (3)  ADEQUATE TO PROVIDE FOR ANY ADMINISTRATIVE EXPENSES OF THE INSUR-
ANCE PROGRAMS UNDER THIS ARTICLE; AND

S. 635--A                           8

  (4) STATED SO AS TO REFLECT THE BASIS FOR SUCH  RATES,  INCLUDING  THE
DIFFERENCES  (IF ANY) BETWEEN THE ESTIMATED ACTUARIAL RISK PREMIUM RATES
UNDER SUBSECTION (A) OF SECTION FIVE THOUSAND  SEVEN  HUNDRED  THREE  OF
THIS  ARTICLE  AND  THE  ESTIMATED  SUBSIDIZED  RISK PREMIUM RATES UNDER
SUBSECTION  (B)  OF  SECTION  FIVE  THOUSAND SEVEN HUNDRED THREE OF THIS
ARTICLE.
  (C) SUBJECT ONLY TO THE LIMITATION UNDER PARAGRAPH FOUR OF  SUBSECTION
(B)  OF  THIS  SECTION, THE CHARGEABLE RATE WITH RESPECT TO ANY PROPERTY
THAT IS LOCATED WITHIN A JURISDICTION THAT THE SUPERINTENDENT DETERMINES
HAS NOT ADOPTED ADEQUATE TOXIC MOLD  CONTROL  MEASURES,  WITH  EFFECTIVE
ENFORCEMENT  PROVISIONS, THAT THE SUPERINTENDENT DETERMINES ARE CONSIST-
ENT WITH THE MODEL STANDARDS AND TECHNIQUES FOR INSPECTION  AND  CERTIF-
ICATION OF OCCUPANCY ISSUED UNDER SECTION FORTY-EIGHT HUNDRED FIFTY-FIVE
OF THE PUBLIC HEALTH LAW AND WITH THE MODEL STANDARDS FOR PUBLIC DISCLO-
SURE  ISSUED  UNDER  SECTION FORTY-EIGHT HUNDRED FIFTY-SIX OF THE PUBLIC
HEALTH LAW, SHALL NOT BE LESS THAN THE APPLICABLE ESTIMATED RISK PREMIUM
RATE FOR SUCH AREA (OR SUBDIVISION  THEREOF)  UNDER  SUBSECTION  (A)  OF
SECTION  FIVE  THOUSAND SEVEN HUNDRED THREE OF THIS ARTICLE, EXCEPT THAT
SUCH PREMIUM RATE FOR SUCH PROPERTIES SHALL BE AFFORDABLE AND REASONABLY
PRICED.
  (D) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE  CHARGEA-
BLE  RISK PREMIUM RATES FOR TOXIC MOLD HAZARD INSURANCE UNDER THIS ARTI-
CLE FOR ANY PROPERTIES WITHIN ANY SINGLE RISK CLASSIFICATION MAY NOT  BE
INCREASED  BY  AN  AMOUNT  THAT WOULD RESULT IN THE AVERAGE OF SUCH RATE
INCREASES FOR PROPERTIES  WITHIN  THE  RISK  CLASSIFICATION  DURING  ANY
TWELVE-MONTH  PERIOD  EXCEEDING  TEN  PERCENT OF THE AVERAGE OF THE RISK
PREMIUM RATES FOR PROPERTIES WITHIN THE  RISK  CLASSIFICATION  UPON  THE
COMMENCEMENT OF SUCH TWELVE-MONTH PERIOD.
  (E)  THE  CHARGEABLE RISK PREMIUM RATE FOR TOXIC MOLD HAZARD INSURANCE
UNDER THIS ARTICLE FOR A SINGLE FAMILY DWELLING SHALL BE AFFORDABLE  AND
REASONABLY PRICED.
  S  5705.  TOXIC MOLD HAZARD INSURANCE FUND. (A) TO CARRY OUT THE TOXIC
MOLD HAZARD INSURANCE PROGRAM UNDER  THIS  ARTICLE,  THE  SUPERINTENDENT
SHALL  ESTABLISH  A  TOXIC MOLD HAZARD INSURANCE FUND, WHICH SHALL BE AN
ACCOUNT SEPARATE FROM ANY OTHER  ACCOUNTS  OR  FUNDS  AVAILABLE  TO  THE
SUPERINTENDENT  AND  SHALL BE AVAILABLE FOR MAKING SUCH PAYMENTS AS MAY,
FROM TIME TO TIME, BE REQUIRED UNDER SECTION FIVE THOUSAND SEVEN HUNDRED
FIFTEEN OF THIS ARTICLE; AND FOR THE PURPOSES SPECIFIED IN THIS  SECTION
UNDER THE CONDITIONS PROVIDED THEREIN.
  (B) THE FUND SHALL BE CREDITED WITH ANY AMOUNTS AS MAY BE APPROPRIATED
FOR  THE  FUND;  INTEREST WHICH MAY BE EARNED ON INVESTMENTS OF THE FUND
PURSUANT TO SUBSECTION (C) OF THIS  SECTION;  RECEIPTS  FROM  ANY  OTHER
OPERATIONS  UNDER  THIS ARTICLE (INCLUDING PREMIUMS UNDER THE CONDITIONS
SPECIFIED IN THIS SECTION); AND SUCH OTHER AMOUNTS AS MAY BE CREDITED TO
THE FUND.
  (C) IF THE SUPERINTENDENT DETERMINES THAT THE AMOUNTS IN THE FUND  ARE
IN  EXCESS  OF CURRENT NEEDS, THE SUPERINTENDENT MAY INVEST SUCH AMOUNTS
AS THE SUPERINTENDENT DEEMS ADVISABLE.
  S 5706. OPERATING COSTS AND ALLOWANCES. (A) THE  SUPERINTENDENT  SHALL
FROM  TIME  TO  TIME  NEGOTIATE  WITH APPROPRIATE REPRESENTATIVES OF THE
INSURANCE INDUSTRY FOR THE PURPOSE OF ESTABLISHING A CURRENT SCHEDULE OF
OPERATING COSTS APPLICABLE BOTH TO RISK-SHARING INSURANCE COMPANIES  AND
OTHER  INSURERS AND TO INSURANCE COMPANIES AND OTHER INSURERS, INSURANCE
AGENTS AND BROKERS, AND INSURANCE ADJUSTMENT ORGANIZATIONS PARTICIPATING
ON OTHER THAN A RISK-SHARING BASIS, AND A CURRENT SCHEDULE OF  OPERATING

S. 635--A                           9

ALLOWANCES  APPLICABLE  TO  RISK-SHARING  INSURANCE  COMPANIES AND OTHER
INSURERS.
  (B)  FOR  PURPOSES  OF  SUBSECTION  (A) OF THIS SECTION, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  (1) "OPERATING ALLOWANCES" SHALL MEAN AMOUNTS FOR PROFIT  AND  CONTIN-
GENCIES  THAT THE SUPERINTENDENT DETERMINES ARE REASONABLE AND NECESSARY
TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
  (2) "OPERATING COSTS" SHALL MEAN EXPENSE REIMBURSEMENTS  COVERING  THE
DIRECT, ACTUAL, AND NECESSARY EXPENSES INCURRED IN CONNECTION WITH SELL-
ING  AND  SERVICING  TOXIC  MOLD  HAZARD  INSURANCE COVERAGE; REASONABLE
COMPENSATION PAYABLE FOR SELLING AND SERVICING SUCH COVERAGE, OR COMMIS-
SIONS OR SERVICE FEES PAID TO PRODUCERS; LOSS ADJUSTMENT  EXPENSES;  AND
OTHER  DIRECT,  ACTUAL,  AND NECESSARY EXPENSES WHICH THE SUPERINTENDENT
FINDS ARE INCURRED IN CONNECTION WITH SELLING OR SERVICING  SUCH  INSUR-
ANCE COVERAGE.
  S  5707.  PAYMENT  OF CLAIMS. THE SUPERINTENDENT SHALL PRESCRIBE RULES
AND REGULATIONS ESTABLISHING THE GENERAL  METHOD  OR  METHODS  BY  WHICH
PROVED  AND  APPROVED CLAIMS FOR LOSSES MAY BE ADJUSTED AND PAID FOR ANY
LOSSES OR DAMAGES COVERED BY TOXIC MOLD HAZARD INSURANCE MADE  AVAILABLE
UNDER THIS ARTICLE.
  S  5708.  DISSEMINATION  OF  INSURANCE INFORMATION. THE SUPERINTENDENT
SHALL FROM TIME TO TIME TAKE SUCH ACTION AS MAY BE NECESSARY IN ORDER TO
MAKE INFORMATION AVAILABLE TO THE PUBLIC, AND  TO  ANY  STATE  OR  LOCAL
AGENCY  OR  OFFICIAL,  WITH  REGARD  TO  THE TOXIC MOLD HAZARD INSURANCE
PROGRAM, ITS COVERAGE, AND  OBJECTIVES;  AND  ESTIMATED  AND  CHARGEABLE
INSURANCE  PREMIUM  RATES UNDER THE PROGRAM, INCLUDING THE BASIS FOR AND
DIFFERENCES BETWEEN SUCH RATES IN ACCORDANCE WITH THE PROVISIONS OF THIS
ARTICLE.
  S  5709.  COORDINATION  WITH  OTHER  PROGRAMS.  IN  CARRYING  OUT  THE
PROVISIONS  OF THIS ARTICLE, THE SUPERINTENDENT SHALL CONSULT WITH OTHER
DEPARTMENTS AND AGENCIES OF THE STATE, AND  WITH  INTERSTATE  AND  LOCAL
AGENCIES   HAVING   RESPONSIBILITIES   FOR  TOXIC  MOLD  INSPECTION  AND
PREVENTION, IN ORDER TO ENSURE THAT THE PROGRAMS OF  SUCH  AGENCIES  AND
THE PROGRAM UNDER THIS ARTICLE ARE MUTUALLY CONSISTENT.
  S  5710. REPORTS. THE SUPERINTENDENT SHALL ANNUALLY SUBMIT A REPORT OF
OPERATIONS UNDER THIS ARTICLE TO THE GOVERNOR, THE  TEMPORARY  PRESIDENT
OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY.
  S  5711.  IMPLEMENTATION.  FOLLOWING  SUCH CONSULTATION WITH REPRESEN-
TATIVES OF THE INSURANCE INDUSTRY AS MAY BE NECESSARY,  THE  SUPERINTEN-
DENT  SHALL IMPLEMENT THE TOXIC MOLD HAZARD INSURANCE PROGRAM UNDER THIS
ARTICLE.
  S 5712. INDUSTRY INSURANCE POOL. (A) THE SUPERINTENDENT MAY  ENCOURAGE
AND  OTHERWISE  ASSIST  ANY  INSURANCE COMPANIES AND OTHER INSURERS THAT
MEET THE REQUIREMENTS PRESCRIBED UNDER SUBSECTION (B) OF THIS SECTION TO
FORM, ASSOCIATE, OR OTHERWISE JOIN  TOGETHER  IN  A  POOL  IN  ORDER  TO
PROVIDE  THE  INSURANCE  COVERAGE AUTHORIZED UNDER THIS ARTICLE, AND FOR
THE PURPOSE OF ASSUMING, ON SUCH TERMS AND CONDITIONS AS MAY  BE  AGREED
UPON,  SUCH  FINANCIAL  RESPONSIBILITY AS WILL ENABLE SUCH COMPANIES AND
OTHER INSURERS, WITH THE FINANCIAL AND OTHER ASSISTANCE AVAILABLE  UNDER
THIS  ARTICLE,  TO  ASSURE A REASONABLE PROPORTION OF RESPONSIBILITY FOR
THE ADJUSTMENT AND PAYMENT OF CLAIMS FOR LOSSES  UNDER  THE  TOXIC  MOLD
HAZARD INSURANCE PROGRAM.
  (B)  TO  PROMOTE THE EFFECTIVE ADMINISTRATION OF THE TOXIC MOLD HAZARD
INSURANCE PROGRAM UNDER THIS ARTICLE, AND TO ENSURE THAT THE  OBJECTIVES
OF  THIS  ARTICLE ARE FURTHERED, THE SUPERINTENDENT MAY PRESCRIBE APPRO-
PRIATE REQUIREMENTS FOR INSURANCE COMPANIES AND OTHER  INSURERS  PARTIC-

S. 635--A                          10

IPATING  IN  SUCH  POOL,  INCLUDING  MINIMUM  REQUIREMENTS  FOR CAPITAL,
SURPLUS OR ASSETS.
  S  5713.  AGREEMENTS  WITH  INSURANCE POOL. (A) THE SUPERINTENDENT MAY
ENTER INTO SUCH AGREEMENTS WITH THE POOL  FORMED  OR  OTHERWISE  CREATED
UNDER  THIS  ARTICLE  AS THE SUPERINTENDENT DEEMS NECESSARY TO CARRY OUT
THE PURPOSES OF THIS ARTICLE.
  (B) SUCH AGREEMENTS SHALL SPECIFY:  THE  TERMS  AND  CONDITIONS  UNDER
WHICH  RISK CAPITAL WILL BE AVAILABLE FOR THE ADJUSTMENT AND PAYMENTS OF
CLAIMS; THE TERMS AND CONDITIONS UNDER WHICH THE POOL (AND THE COMPANIES
AND OTHER INSURERS PARTICIPATING THEREIN) SHALL PARTICIPATE IN  PREMIUMS
RECEIVED AND PROFITS OR LOSSES REALIZED OR SUSTAINED; THE MAXIMUM AMOUNT
OF PROFIT, ESTABLISHED BY THE SUPERINTENDENT AND SET FORTH IN THE SCHED-
ULES  PRESCRIBED  UNDER  SECTION FIVE THOUSAND SEVEN HUNDRED SIX OF THIS
ARTICLE, WHICH MAY BE REALIZED BY SUCH POOL (AND THE COMPANIES AND OTHER
INSURERS PARTICIPATING THEREIN); THE TERMS AND  CONDITIONS  UNDER  WHICH
OPERATING  COSTS  AND  ALLOWANCES  SET FORTH IN THE SCHEDULES PRESCRIBED
UNDER SECTION FIVE THOUSAND SEVEN HUNDRED SIX OF  THIS  ARTICLE  MAY  BE
PAID;  AND  THE  TERMS  AND  CONDITIONS UNDER WHICH PREMIUM EQUALIZATION
PAYMENTS UNDER SECTION FIVE THOUSAND SEVEN HUNDRED FIFTEEN OF THIS ARTI-
CLE WILL BE MADE.
  (C) IN ADDITION, SUCH AGREEMENTS SHALL CONTAIN SUCH PROVISIONS AS  THE
SUPERINTENDENT  FINDS  NECESSARY TO ENSURE THAT: NO INSURANCE COMPANY OR
OTHER INSURER THAT MEETS THE REQUIREMENTS  PRESCRIBED  UNDER  SUBSECTION
(B)  OF  SECTION  FIVE THOUSAND SEVEN HUNDRED TWELVE OF THIS ARTICLE AND
HAS INDICATED AN INTENTION TO  PARTICIPATE  IN  THE  TOXIC  MOLD  HAZARD
INSURANCE PROGRAM ON A RISK-SHARING BASIS, WILL BE EXCLUDED FROM PARTIC-
IPATING  IN THE POOL; THE INSURANCE COMPANIES AND OTHER INSURERS PARTIC-
IPATING IN THE POOL WILL  TAKE  WHATEVER  ACTION  MAY  BE  NECESSARY  TO
PROVIDE  CONTINUITY OF TOXIC MOLD HAZARD INSURANCE COVERAGE BY THE POOL;
AND ANY INSURANCE COMPANIES AND OTHER INSURERS,  INSURANCE  AGENTS,  AND
BROKERS  AND  INSURANCE  ADJUSTMENT  ORGANIZATIONS  WILL BE PERMITTED TO
COOPERATE WITH THE POOL AS FISCAL AGENTS OR OTHERWISE, ON OTHER  THAN  A
RISK-SHARING BASIS, TO THE MAXIMUM EXTENT PRACTICABLE.
  S  5714.  ADJUSTMENT  AND  PAYMENT  OF CLAIMS AND JUDICIAL REVIEW. THE
INSURANCE COMPANIES AND OTHER INSURERS THAT FORM, ASSOCIATE,  OR  OTHER-
WISE  JOIN  TOGETHER  IN THE POOL UNDER THIS PART MAY ADJUST AND PAY ALL
CLAIMS FOR PROVED AND APPROVED  LOSSES  COVERED  BY  TOXIC  MOLD  HAZARD
INSURANCE  IN  ACCORDANCE  WITH THE PROVISIONS OF THIS ARTICLE AND, UPON
THE DISALLOWANCE BY ANY SUCH COMPANY OR OTHER INSURER OF ANY SUCH CLAIM,
OR UPON THE REFUSAL OF THE CLAIMANT TO ACCEPT THE  AMOUNT  ALLOWED  UPON
ANY  SUCH CLAIM, THE CLAIMANT, WITHIN ONE YEAR AFTER THE DATE OF MAILING
OF NOTICE OF DISALLOWANCE OR PARTIAL  DISALLOWANCE  OF  THE  CLAIM,  MAY
INSTITUTE AN ACTION ON SUCH CLAIM AGAINST SUCH COMPANY OR OTHER INSURER.
  S 5715. PREMIUM EQUALIZATION PAYMENTS. (A) THE SUPERINTENDENT, ON SUCH
TERMS  AND  CONDITIONS  AS  THE  SUPERINTENDENT  MAY  FROM  TIME TO TIME
PRESCRIBE, SHALL MAKE PERIODIC PAYMENTS TO THE POOL FORMED OR  OTHERWISE
CREATED  UNDER  SECTION FIVE THOUSAND SEVEN HUNDRED TWELVE OF THIS ARTI-
CLE, IN RECOGNITION OF SUCH REDUCTIONS IN CHARGEABLE PREMIUM RATES UNDER
SECTION FIVE THOUSAND SEVEN HUNDRED FOURTEEN OF THIS ARTICLE BELOW ESTI-
MATED PREMIUM RATES UNDER SECTION FIVE THOUSAND SEVEN HUNDRED  THREE  OF
THIS  ARTICLE  AS ARE REQUIRED IN ORDER TO MAKE TOXIC MOLD HAZARD INSUR-
ANCE AVAILABLE ON REASONABLE TERMS AND CONDITIONS.
  (B) DESIGNATED PERIODS UNDER THIS SECTION AND THE METHODS  FOR  DETER-
MINING  THE SUM OF PREMIUMS PAID OR PAYABLE DURING SUCH PERIODS SHALL BE
ESTABLISHED BY THE SUPERINTENDENT.

S. 635--A                          11

  S 5716. EMERGENCY IMPLEMENTATION OF PROGRAM. (A)  NOTWITHSTANDING  ANY
OTHER  PROVISIONS  OF  THIS  ARTICLE, FOR THE PURPOSE OF PROVIDING TOXIC
MOLD HAZARD INSURANCE COVERAGE AT THE EARLIEST POSSIBLE TIME, THE SUPER-
INTENDENT MAY CARRY OUT THE INSURANCE PROGRAM UNDER THIS ARTICLE  DURING
THE  PERIOD ENDING SEPTEMBER THIRTIETH, TWO THOUSAND FIFTEEN, IN ACCORD-
ANCE WITH THE PROVISIONS OF THIS ARTICLE INSOFAR AS THEY RELATE TO  THIS
ARTICLE,  BUT  SUBJECT  TO THE MODIFICATIONS MADE BY OR UNDER SUBSECTION
(B) OF THIS SECTION.
  (B) IN CARRYING OUT THE TOXIC MOLD HAZARD INSURANCE  PROGRAM  PURSUANT
TO  SUBSECTION  (A)  OF  THIS  SECTION, THE SUPERINTENDENT SHALL PROVIDE
INSURANCE COVERAGE WITHOUT REGARD TO ANY ESTIMATED  RISK  PREMIUM  RATES
WHICH  WOULD  OTHERWISE  BE DETERMINED UNDER SECTION FIVE THOUSAND SEVEN
HUNDRED THREE OF THIS ARTICLE; AND  SHALL  UTILIZE  THE  PROVISIONS  AND
PROCEDURES CONTAINED IN OR PRESCRIBED BY THIS ARTICLE TO SUCH EXTENT AND
IN SUCH MANNER AS THE SUPERINTENDENT MAY CONSIDER NECESSARY OR APPROPRI-
ATE TO CARRY OUT THE PURPOSE OF THIS SECTION.
  S  5717.  ADJUSTMENT AND PAYMENT OF CLAIMS AND JUDICIAL REVIEW. IF THE
PROGRAM IS CARRIED OUT AS PROVIDED IN THIS ARTICLE,  THE  SUPERINTENDENT
MAY ADJUST AND MAKE PAYMENT OF ANY CLAIMS FOR PROVED AND APPROVED LOSSES
COVERED BY TOXIC MOLD HAZARD INSURANCE, AND UPON THE DISALLOWANCE BY THE
SUPERINTENDENT  OF  ANY SUCH CLAIMS, OR UPON THE REFUSAL OF THE CLAIMANT
TO ACCEPT THE AMOUNT ALLOWED UPON ANY SUCH CLAIM, THE  CLAIMANT,  WITHIN
ONE  YEAR AFTER THE DATE OF MAILING OF NOTICE OF DISALLOWANCE OR PARTIAL
DISALLOWANCE BY THE SUPERINTENDENT, MAY INSTITUTE AN ACTION AGAINST  THE
SUPERINTENDENT ON SUCH CLAIM.
  S 5718. SERVICES BY THE INSURANCE INDUSTRY. IN ADMINISTERING THE TOXIC
MOLD HAZARD INSURANCE PROGRAM UNDER THIS ARTICLE, THE SUPERINTENDENT MAY
ENTER  INTO ANY CONTRACTS, AGREEMENTS, OR OTHER APPROPRIATE ARRANGEMENTS
WHICH MAY, FROM TIME TO TIME, BE NECESSARY FOR THE PURPOSE OF UTILIZING,
ON SUCH TERMS AND CONDITIONS AS MAY BE AGREED UPON, THE  FACILITIES  AND
SERVICES  OF ANY INSURANCE COMPANIES OR OTHER INSURERS, INSURANCE AGENTS
AND BROKERS, OR INSURANCE ADJUSTMENT ORGANIZATIONS; AND SUCH  CONTRACTS,
AGREEMENTS,  OR ARRANGEMENTS MAY INCLUDE PROVISION FOR PAYMENT OF APPLI-
CABLE OPERATING COSTS AND ALLOWANCES FOR SUCH FACILITIES AND SERVICES AS
SET FORTH IN THE SCHEDULES PRESCRIBED UNDER SECTION FIVE THOUSAND  SEVEN
HUNDRED SIX OF THIS ARTICLE.
  S  5719.  USE  OF INSURANCE POOL, COMPANIES OR OTHER PRIVATE ORGANIZA-
TIONS FOR CERTAIN PAYMENTS. (A) TO PROVIDE FOR MAXIMUM EFFICIENCY IN THE
ADMINISTRATION OF THE TOXIC MOLD HAZARD INSURANCE PROGRAM AND TO FACILI-
TATE THE EXPEDITIOUS PAYMENT OF ANY FUNDS UNDER SUCH PROGRAM, THE SUPER-
INTENDENT MAY ENTER INTO CONTRACTS  WITH  A  POOL  FORMED  OR  OTHERWISE
CREATED  UNDER  SECTION FIVE THOUSAND SEVEN HUNDRED TWELVE OF THIS ARTI-
CLE, OR ANY INSURANCE COMPANY OR OTHER  PRIVATE  ORGANIZATION,  FOR  THE
PURPOSE  OF  SECURING PERFORMANCE BY SUCH POOL, COMPANY, OR ORGANIZATION
OR ANY OR ALL OF THE FOLLOWING RESPONSIBILITIES:  ESTIMATING  AND  LATER
DETERMINING  ANY  AMOUNTS  OF  PAYMENTS  TO  BE MADE; RECEIVING FROM THE
SUPERINTENDENT, DISBURSING, AND ACCOUNTING  FOR  FUNDS  IN  MAKING  SUCH
PAYMENTS;  MAKING SUCH AUDITS OF THE RECORDS OF ANY INSURANCE COMPANY OR
OTHER INSURER, INSURANCE AGENT OR BROKER, OR INSURANCE ADJUSTMENT ORGAN-
IZATION AS MAY BE NECESSARY TO ASSURE THAT  PROPER  PAYMENTS  ARE  MADE;
OTHERWISE  ASSISTING  IN  SUCH  MANNER  AS  THE  CONTRACT MAY PROVIDE TO
FURTHER THE PURPOSES OF THIS ARTICLE.
  (B) ANY CONTRACT WITH THE  POOL  OR  AN  INSURANCE  COMPANY  OR  OTHER
PRIVATE  ORGANIZATION  UNDER  THIS  SECTION  MAY  CONTAIN SUCH TERMS AND
CONDITIONS AS THE SUPERINTENDENT  FINDS  NECESSARY  OR  APPROPRIATE  FOR
CARRYING  OUT RESPONSIBILITIES UNDER SUBSECTION (A) OF THIS SECTION, AND

S. 635--A                          12

MAY PROVIDE FOR PAYMENT OF ANY COSTS WHICH THE SUPERINTENDENT DETERMINES
ARE INCIDENTAL TO CARRYING OUT SUCH RESPONSIBILITIES WHICH  ARE  COVERED
BY THE CONTRACT.
  (C)  NO  CONTRACT  MAY  BE  ENTERED INTO UNDER THIS SECTION UNLESS THE
SUPERINTENDENT FINDS  THAT  THE  POOL,  COMPANY,  OR  ORGANIZATION  WILL
PERFORM  ITS OBLIGATIONS UNDER THE CONTRACT EFFICIENTLY AND EFFECTIVELY,
AND WILL MEET SUCH REQUIREMENTS AS TO  FINANCIAL  RESPONSIBILITY,  LEGAL
AUTHORITY, AND OTHER MATTERS AS THE SUPERINTENDENT FINDS APPROPRIATE.
  (D)  (1) ANY SUCH CONTRACT MAY REQUIRE THE POOL, COMPANY, OR ORGANIZA-
TION OR ANY OF ITS OFFICERS OR EMPLOYEES CERTIFYING PAYMENTS OR DISBURS-
ING FUNDS PURSUANT TO THE CONTRACT, OR OTHERWISE PARTICIPATING IN CARRY-
ING OUT THE CONTRACT,  TO  GIVE  SURETY  BOND  IN  SUCH  AMOUNT  AS  THE
SUPERINTENDENT MAY DEEM APPROPRIATE.
  (2)  (A)  NO  INDIVIDUAL  DESIGNATED PURSUANT TO A CONTRACT UNDER THIS
SECTION TO CERTIFY PAYMENTS SHALL, IN THE ABSENCE OF GROSS NEGLIGENCE OR
INTENT TO DEFRAUD, BE LIABLE WITH RESPECT TO ANY  PAYMENT  CERTIFIED  BY
SUCH INDIVIDUAL UNDER THIS SECTION.
  (B)  NO  OFFICER DISBURSING FUNDS SHALL IN THE ABSENCE OF GROSS NEGLI-
GENCE OR INTENT TO DEFRAUD, BE LIABLE WITH RESPECT  TO  ANY  PAYMENT  BY
SUCH OFFICER UNDER THIS SECTION IF IT WAS BASED UPON A VOUCHER SIGNED BY
AN INDIVIDUAL DESIGNATED TO CERTIFY PAYMENTS.
  (E)  ANY  CONTRACT ENTERED INTO UNDER THIS SECTION SHALL BE FOR A TERM
OF ONE YEAR, AND MAY BE MADE AUTOMATICALLY RENEWABLE FROM TERM  TO  TERM
IN THE ABSENCE OF NOTICE BY EITHER PARTY OF AN INTENTION TO TERMINATE AT
THE  END  OF THE CURRENT TERM; EXCEPT THAT THE SUPERINTENDENT MAY TERMI-
NATE ANY SUCH CONTRACT AT ANY TIME (AFTER REASONABLE NOTICE TO THE POOL,
COMPANY, OR ORGANIZATION INVOLVED) IF THE SUPERINTENDENT FINDS THAT  THE
POOL, COMPANY, OR ORGANIZATION HAS FAILED SUBSTANTIALLY TO CARRY OUT THE
CONTRACT,  OR IS CARRYING OUT THE CONTRACT IN A MANNER INCONSISTENT WITH
THE EFFICIENT AND EFFECTIVE ADMINISTRATION  OF  THE  TOXIC  MOLD  HAZARD
INSURANCE PROGRAM UNDER THIS ARTICLE.
  S  5720.  SETTLEMENT  AND ARBITRATION. (A) THE SUPERINTENDENT MAY MAKE
FINAL SETTLEMENT OF ANY CLAIMS OR DEMANDS WHICH MAY ARISE AS A RESULT OF
ANY FINANCIAL TRANSACTIONS THAT  THE  SUPERINTENDENT  IS  AUTHORIZED  TO
CARRY  OUT  UNDER  THIS ARTICLE AND MAY, TO ASSIST THE SUPERINTENDENT IN
MAKING ANY SUCH SETTLEMENT, REFER ANY DISPUTES RELATING TO  SUCH  CLAIMS
OR DEMANDS TO ARBITRATION, WITH THE CONSENT OF THE PARTIES CONCERNED.
  (B) SUCH ARBITRATION SHALL BE ADVISORY IN NATURE, AND ANY AWARD, DECI-
SION,  OR  RECOMMENDATION WHICH MAY BE MADE SHALL BECOME FINAL ONLY UPON
THE APPROVAL OF THE SUPERINTENDENT.
  S 5721. RECORDS AND AUDITS. (A) THE INSURANCE POOL FORMED OR OTHERWISE
CREATED UNDER THIS ARTICLE, AND ANY INSURANCE COMPANY OR  OTHER  PRIVATE
ORGANIZATION  EXECUTING  ANY  CONTRACT,  AGREEMENT, OR OTHER APPROPRIATE
ARRANGEMENT WITH THE SUPERINTENDENT UNDER THIS ARTICLE, SHALL KEEP  SUCH
RECORDS  AS  THE SUPERINTENDENT SHALL PRESCRIBE, INCLUDING RECORDS WHICH
FULLY DISCLOSE THE TOTAL COSTS OF THE PROGRAM UNDERTAKEN OR THE SERVICES
BEING RENDERED, AND SUCH OTHER RECORDS AS WILL FACILITATE  AN  EFFECTIVE
AUDIT.
  (B)  THE  SUPERINTENDENT  AND  THE  COMPTROLLER,  OR ANY OF THEIR DULY
AUTHORIZED REPRESENTATIVES, SHALL HAVE ACCESS FOR THE PURPOSE  OF  AUDIT
AND  EXAMINATION  TO ANY BOOKS, DOCUMENTS, PAPERS AND ANY SUCH INSURANCE
COMPANY OR OTHER PRIVATE ORGANIZATION THAT ARE PERTINENT TO THE COSTS OF
THE PROGRAM UNDERTAKEN OR THE SERVICES BEING RENDERED.
  S 5722. PAYMENTS. ANY PAYMENTS UNDER THIS ARTICLE MAY BE  MADE  (AFTER
NECESSARY  ADJUSTMENT  ON  ACCOUNT  OF  PREVIOUSLY MADE UNDERPAYMENTS OR
OVERPAYMENTS) IN ADVANCE  OR  BY  WAY  OF  REIMBURSEMENT,  AND  IN  SUCH

S. 635--A                          13

INSTALLMENTS  AND  ON  SUCH CONDITIONS, AS THE SUPERINTENDENT MAY DETER-
MINE.
  S  4.  The sum of two hundred fifty thousand dollars ($250,000), or so
much thereof as may be necessary, is  hereby  appropriated  to  pay  the
expenses  incurred,  including  personal  service,  in  carrying out the
provisions of this act. Such moneys shall be payable out  of  the  state
treasury in the general fund to the credit of the state purposes account
after audit by and on the warrant of the comptroller upon voucher certi-
fied  or  approved  by  the  superintendent of financial services in the
manner prescribed by law.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

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