Welcome to POA

National and State-By-State Mold Legislation

Select any state for local news, "National" for national legislation, "State by State" for a breakdown of mold legislation, or visit our Archives.

Click Here For PDF of This Information

House Bill 5040
Drafted and will be introduced to the 107th Congress by John Conyers, Jr. of Michigan, in June, 2002. One of the main features in this Bill is the establishment of a FEMA-like insurance pool that would help pay for testing and remediation of toxic mold in residences. If passed, insurers have NO EXCUSE but to slash premiums as the burden of toxic mold remediation would be placed on this government-backed FEMA-like insurance pool.

The Bill also calls for mandatory testing of government buildings, schools, disclosures for real estate transactions, and directs government agencies to find acceptable exposure limits.

SB 1432
Would create a legislative study group to consider the financial, environmental and health-related effects of indoor commercial and residential mold contamination.

SB 1432 Adopted Amendment
Introduced and referred to Senate Natural Resources, Agriculture and Environment committee, Health committee and Rules committee 2/6/02. Reported favorably from Natural Resources, Agriculture and Environment with amendment 3/14/02. Reported favorably from Rules committee 3/18/02. Amended in Senate Committee of the Whole and sent to third reading 3/21/02. Passed Senate, sent to House 3/25/02. Referred to House Natural Resources and Agriculture, Health and Rules committees 3/27/02. Failed to pass.

AB 284
AB 284 directs a review panel to review issues related to fungal contamination of indoor environments. (Status: Law Effective 1/1/02)

SB 662
SB 662 makes technical changes to provisions of state law directing the State Air Resources Board to study environmental conditions (including toxic mold) of portable classrooms. (Status: Law. Effective 1/1/02.)

SB 732
SB 732 would enact the Toxic Mold Protection Act. (Status: Law Effective 1/1/02)

SB 1763
Would direct the insurance department to examine availability and adequacy of commercial and residential property coverage for mold damage. Introduced 2/17/02. Referred to Senate Insurance committee 3/7/02. Reported from Insurance committee with amendments, read second time, amended in Senate and referred to Insurance committee 4/9/02.

SB 1763 Amended:
Reported favorably as amended from Insurance committee 4/22/02. Read second time and amended by full Senate and sent to third reading 4/30/02. Passed Senate 5/23/02 . Referred to Assembly Insurance committee 6/16/02.

SB 2684
AB 2684 Expresses legislative intent to limit liability of school districts for personal injury or wrongful death claims arising from toxic mold on school premises. Introduced 2/22/02.

Rules Tightened on Mold Insurance
Hartford (AP) — Connecticut businesses and homeowners will have less against damage caused by mold under revised guidelines from state insurance regulators.

The guidelines the Connecticut Insurance Department released this week follow a deluge
of requests by insurers to drop or limit mold coverage, with some planning to offer it as
an option for additional premiums.

Claims for mold damage have ballooned in some states, such as Texas and Florida,
driving up insurance rates...

SB 1265
Would have provided funding for schools to improve indoor environmental quality (including toxic mold.) (Status: Failed to pass.)

HB 3440
HB 3440 provides an appropriation to upgrade HVAC systems in a state-run veteran's home. (Status: Law. Effective 7/1/01.)

HB 1253
Establishes mold standards and directs the department of health to offer recommendations regarding toxic mold exposure limits. Introduced and referred to the House Public Health committee 1/14/02. Passed House 2/5/02. Referred to Senate Rules and Legislative Procedures committee 2/11/02. Failed to pass.

SB 283
Establishes a Task Force on Indoor Air Quality. (Status: Law. Effective 7/1/01.)

SB 2353
Would authorize a task force to consider toxic mold exposure limits in indoor environments, assess public health risks, and adopt protections, among other things.

Introduced and referred to Joint Health Care committee 5/23/02. Heard in committee and eligible for executive session 6/11/02.

As of February 6, 2002, the Nebraska Department of Insurance announced that it will permit liability insurers to add mold exclusions to their policies, with some restrictions. Notice of the change must be provided to the policyholders, especially that coverage has changed upon renewal.

SB 584
Among other things, authorizes issuance of bonds to finance capital improvements for toxic mold remediation and prevention. (Status: Law. Effective 6/14/01.)

SR 77
A Senate resolution to urge the state to develop methods to help residents identify mold and develop strategies to address it. (Status: Adopted 5/3/01.)

SB 5799
Creates the Toxic Mold Protection Act. Creates a taskforce (including representatives of the insurance industry) to advise the department of health on exposure limits, assessment standards, and remediation. Introduced and referred to Senate Rules committee 10/3/01. Withdrawn from Senate Rules committee and referred to Senate Health committee 1/9/02.

AB 10610
AB 10610 Enacts the toxic mold protection act; directs the department of health to convene a task force which shall advise the department on the development of standards with regard to toxic mold; directs the task force to consider the feasibility of adopting permissible exposure limits to mold in indoor environments; requires that the department shall report to the legislature. Introduced and referred to Assembly Health committee 3/26/02.

PENNSYLVANIA JURY REJECTS EXPERT TESTIMONY AND CLAIM FOR PERSONAL INJURY RESULTING FROM MOLD Reported by Gordon & Rees, LLP

Click Here For Complete Article

SR 171
Would urge the insurance department to create a task force to study the effects of toxic mold. Introduced and referred to Senate Public Health and Welfare committee 3/11/02.

SR 171 Amended Version
Reported as amended from Public Health and Welfare committee 6/11/02.

HB 2652
Would develop a program to examine and test indoor residential air quality. Would also provide for detection of biological substances, including toxic molds, which could harm human health.
Introduced and referred to House Environmental Resources and Energy committee 5/13/02.

Seeking to create a new basis for allegations under Texas Ins. Code Article 21.21, Texas Insurance Commissioner Jose Montemayor has proposed a new rule making it an unfair or deceptive trade practice for Texas insurers to refuse to sell a homeowners policy based on a prior mold or water claim without first inspecting the property...

Click Here For Complete Article

Ironically, legislators in the state with the most mold claims have been silent. However, slowly, legislators are realizing the magnitude or this problem and how insurers have reacted in a irresponsible manner.

As the November, 2002 election heats up, Texans will see once "insurance-loyal" candidates jump ship and introduce legislation designed to rein-in some of the loose insurance cannons and impose rate regulations and stiffer penalties for bad faith and fraud.

After a jury walloped one insurance company with a $32 million verdict to
clean mold from a Texas woman's home, insurers throughout the country began
scrambling to rewrite their policies concerning the icky substance...