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It is a new year and state legislatures are gearing up for the coming sessions. Included in the plans of several states are bills regulating the services of those who provide mold related services. The big news last year were the laws in Louisiana and Texas. Both of these states passed laws in their sessions last year, however, are experiencing very different progress in implementing the regulations needed to carry out the provisions of the laws that were passed. In Louisiana, the regulations were written by the government agency responsible for other business regulation and thus were very much like existing regulatory rules. In that state, the regulations have been adopted and are on schedule for implementation.

Lessons from Texas
In Texas, the law that was passed assigned responsibility for administration of the law and drafting of necessary regulations to the Texas Department of Health (TDH). The regulations they drafted were modeled after those created for services related to asbestos and lead which are well recognized (and man made) health risks. The regulations did not adapt well to management of mold related services. This is both because mold is a naturally occurring problem and research on its relationship to health and manner of prevention and cleanup is not clear and definitive.

The staff at the TDH has now presented its fifth draft of proposed regulations and each draft has been met with an increasingly strong chorus of protest from both the regulated industry and consumers. The staff continues to try to “fix” the regulations while comments overwhelmingly call for completely scraping the current regulations and starting all over again.

The regulations which were scheduled to go into effect in April will almost certainly be delayed and few are optimistic for a speedy fix to the differences. The next chapter in this ongoing saga will be played out in Austin on February 13 (a Friday for those who assign import to such dates) when a public hearing will be held. We will follow this closely.

On to Florida
The attention of industry will soon turn to Florida where Senator Mike Bennett has pre-filed the same bill that he introduced in 2003. Although that bill did pass the Senate, it did so only in the final days of the Legislative session and there was no time for a companion bill in the house. This time, he is in well ahead of the start of the legislative session and there is considerable staff and other support for moving this ahead quickly.

The present bill was written quickly last year and contains some language that many feel needs some “polish”. Otherwise there appears to be wide support for the bill both within and outside of government. This is an interesting development as Florida has a reputation for launching some reasonable yet effective business regulation statutes that have served as models for many other states. If this bill continues on its present course and retains its present wide support, it could well become a prototype of legislation that many states will draw from in drafting their regulations. Thus the Florida situation is well worth watching.

Contents of the Florida Bill
Ironicaly, much to the Florida bill is taken from a Texas bill that was significantly modified on the way to passage last summer. There seems little desire for they type of modifications that have proven problems in Texas. The stated purpose of the law as stated is, “The Legislature finds it necessary in the interest of the public safety and welfare,in order to prevent damage to the real and personal property of the residents of this state and to avert economic injury to the residents of this state, to regulate individuals and companies that hold themselves out to the public as qualified to perform mold-related activities.”

This is consistent with Senator Bennett’s stated purpose of preventing abuses that might bring harm to the financial welfare and/or property of Florida residents. In addition, he has expressed the desire to reduce mold related litigation or prevent it where possible. Toward this end, the staff members are considering the addition of a license category that would regulate “Mold Prevention Consultants”, a professional trained and experienced in advising property owners and managers on how to operate and maintain their properties so the possibility of excessive mold growth is minimized. The bill presently requires licenses for Mold Remediatiors, Mold Assessors and providers of mold related training.

Builders, HVAC Contractors and some other professionals are exempted from the proposed law as long as they are, “acting within the scope of their respective licenses.” The bill requires that the person licensed must complete training and have other qualifications to be defined by the licensing board, establishes a maximum fee, sets minimum qualifications including conforming to industry standards and requires continuing education in order to retain the license.

There are also provisions on reprimand and disipline procedures and other administrative matters. All of these are subject to change and matter little at this point. We will have a clearer picture when and if a companion bill is filed in the house. Because of the potential for this bill to impact the direction of regulation in many states we will continue to follow its progress and that of any other measures introduced in Florida as well as update you on the Texas situation.

Mr. Baker’s field of expertise is the control of contamination in air-conditioning and ventilating systems by mold, mildew and bacteria. He writes and speaks frequently about the efficacy, legal risks, and regulatory issues involved in various control strategies. He serves on ASHRAE Technical Committee TC 2.3, TC 2.4, TC 9.8, and Sampling of Airborne Particulate Concentration in Commercial and Residential Buildings GPC 17P. He also serves as a member of ASTM D22.06 (Indoor Air Quality) and is on the Board of Directors of the Indoor Air Quality Association and the Florida Public Health Foundation. Because HVAC applications encompass new uses from an U.S. EPA regulatory standpoint, Mr. Baker works closely with the EPA and industry groups, including serving as the chair of the IAQ committee of the Consumer Specialty Products Association, to help formulate policy in this area.

Bob Baker is Chairman and CEO of BBJ Environmental Solutions, Inc., a company specializing in providing clean air through environmentally responsible products, such as BBJ MicroBiocide , BBJ Micro Coil Clean , “FreshDuct Odor Eliminator “, and BBJ Mold and Mildew Remover™ as well as the revolutionary new Power Coil Clean™. For additional information, Mr. Baker can be reached at (800) 889-2251 or through the company web site at www.bbjenviro.com.