Relates to the licensure of mold assessment and remediation specialists; repealer

Summary of provisions

Section 1: Amends section 930 of the Labor Law to amend the definition of "mold" to include any multi-cellular fungi growth capable of creating toxins. Additionally, the bill adds "project" to the definitions section and defines it as a mold remediation, mold assessment, or mold abatement of areas greater than 10 square feet. It excludes routine cleaning, construction, or repair when undertaken for purposes other than mold remediation or abatement.

Amends section 931 of the Labor Law to apply the licensing requirements to mold projects; modifies the fees required to obtain a license for mold remediation or mold assessment; and allows the commissioner to determine the amount of the fees within a statutorily set range for mold remediation, mold assessment, and mold abatement.

Amends section 933 of the Labor Law to include residential apartment buildings of more than four dwelling units from those exempted from the licensing requirements so long as the individual who performs a mold assessment, remediation, or abatement is an owner, managing agent, or a full-time employee of an owner or managing agent of the commercial property. The bill also exempts property that is owned, managed, or remediated by a governmental unit or authority.

Amends section 938 of the Labor Law to require that requests for hearings must now be made within 30 days after the issuance of a determination by the commissioner to deny a license. This bill also removes the requirement that the commissioner give prior notice and allows a hearing before issuing an order directing the cessation of unlicensed activities.

Amends section 948 of the Labor Law to repeal the mold assessment and remediation account established by Chapter 551 of the Laws of 2015. Amends the effective date to require that the licensure requirements added by this bill take effect on January 1st of 2016.

Justification

After storms like 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 problems, particularly among young children with asthma. On occasion, mold can also cause more serious health problems. Many people do not fully understand indoor mold problems and their causes, or the proper way to assess and remediate mold. In order to minimize public health risks posed by mold, it is necessary to regulate persons and companies that hold themselves out to the public as qualified to perform mold-related services. This bill furthers the goals of Chapter 551 of the Laws of 2015 by providing technical clarity to its important provisions.

Legislative history

New bill.

Fiscal implications

None known.

Effective date

This act shall take effect immediately, provided however, that the licensing requirements shall take effect on the first of January next succeeding the date on which it shall have become a law and the rest of the provisions shall take effect on the same date and in the same manner as Chapter 551 of the Laws of 2014.