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

                                  5117

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of  A.  WEISENBERG  -- read once and referred to the
  Committee on Economic Development

AN ACT to amend the general business law, in relation to  requiring  the
  licensure  of  mold assessment and remediation specialists and setting
  minimum work standards for mold assessment and remediation specialists

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

  Section  1.  Article  40 of the general business law, as renumbered by
chapter 407 of the laws of 1973, is renumbered article 60.
  S 2. Sections 900 and 901 of the general business law,  as  renumbered
by  chapter  407  of  the laws of 1973, are renumbered sections 2000 and
2001.
  S 3. The general business law is amended by adding a new article 40 to
read as follows:
                                ARTICLE 40
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
TITLE I.  LICENSING  OF  MOLD  INSPECTION,  ASSESSMENT  AND  REMEDIATION
             SPECIALISTS AND MINIMUM WORK STANDARDS (SS 900-910).
        II.  MINIMUM  WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS
              AND REMEDIATION BY LICENSED PERSONS (SS 915-917).

                                 TITLE I
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
SECTION 900. DEFINITIONS.
        901. LICENSES REQUIRED.
        902. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS.
        903. EXEMPTIONS.
        904. LICENSE ISSUANCE AND RENEWAL.
        905. PRACTICE BY LICENSE HOLDER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-02-3
              

A. 5117                             2

        906. LICENSEE DUTIES; PROHIBITED ACTIVITIES.
        907. PENALTIES.
        908. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING.
        909. JUDICIAL REVIEW.
        910. RULEMAKING AUTHORITY
  S  900.  DEFINITIONS.  AS  USED IN THIS ARTICLE: 1. "DEPARTMENT" MEANS
DEPARTMENT OF STATE.
  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 THE REMOVAL, CLEANING, SANITIZING, DEMOLI-
TION,  OR  OTHER  TREATMENT, INCLUDING PREVENTIVE ACTIVITIES, OF MOLD OR
MOLD-CONTAMINATED MATTER.
  4. "MOLD INSPECTION OR ASSESSMENT" MEANS 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  INDI-
CIA OF CONDITIONS THAT ARE LIKELY TO FACILITATE INDOOR MOLD GROWTH.
  5. "SECRETARY" MEANS SECRETARY OF STATE.
  S  901.  LICENSES  REQUIRED.  NO PERSON SHALL ENGAGE IN OR CONDUCT, OR
ADVERTISE OR HOLD HIMSELF OR HERSELF OUT AS ENGAGING  IN  OR  CONDUCTING
THE BUSINESS OF, OR ACTING IN THE CAPACITY OF A PERSON WHO CONDUCTS MOLD
ASSESSMENT AND/OR REMEDIATION UNLESS SUCH PERSON HOLDS A MOLD ASSESSMENT
AND/OR REMEDIATION LICENSE AS PROVIDED FOR IN THIS ARTICLE.
  S 902. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS. 1. THE SECRE-
TARY SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR LICENSING.
  2.  APPLICATIONS  FOR  LICENSES  AND RENEWAL LICENSES SHALL BE MADE IN
WRITING TO THE DEPARTMENT ON FORMS PROVIDED BY THE DEPARTMENT.
  3. AN APPLICANT FOR A LICENSE TO PERFORM MOLD ASSESSMENT  AND  REMEDI-
ATION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
  (B) HAVE SATISFACTORILY COMPLETED DEPARTMENT APPROVED COURSE WORK;
  (C)  PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION FIVE OF THIS
SECTION; AND
  (D) SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS'  COMPENSATION
COVERAGE,  IF  REQUIRED, AND LIABILITY INSURANCE OF AT LEAST FIFTY THOU-
SAND DOLLARS.
  4. AN APPLICANT SHALL FURNISH THE DEPARTMENT WITH A  FINANCIAL  STATE-
MENT, PREPARED BY AN INDEPENDENT AUDITOR OR ACCOUNTANT AND SIGNED BY THE
APPLICANT  AND AUDITOR 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 INSPECTION, ASSESSMENT
AND/OR REMEDIATION SERVICES.
  5. THE DEPARTMENT MAY CHARGE AND COLLECT THE FOLLOWING FEES:
  (A) A FEE FOR AN APPLICATION FOR A LICENSE, NOT TO EXCEED ONE  HUNDRED
DOLLARS;
  (B) A FEE FOR RENEWAL OF A LICENSE, NOT TO EXCEED ONE HUNDRED DOLLARS;
AND
  (C)  A  FEE  FOR  DELINQUENT RENEWAL OF A LICENSE, NOT TO EXCEED FIFTY
DOLLARS.
  S 903. EXEMPTIONS. THE FOLLOWING PERSONS  SHALL  NOT  BE  REQUIRED  TO
OBTAIN  A  LICENSE  AS  PROVIDED  IN THIS TITLE IN ORDER TO PERFORM MOLD
INSPECTION, ASSESSMENT OR REMEDIATION:

A. 5117                             3

  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;
  3.  AN OWNER OR TENANT, OR A MANAGING AGENT OR EMPLOYEE OF AN OWNER OR
TENANT, WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION ON PROPERTY OWNED OR
LEASED BY THE OWNER OR TENANT, PROVIDED 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; AND
  4. AN EMPLOYEE OF A LICENSEE WHO PERFORMS MOLD ASSESSMENT  OR  REMEDI-
ATION WHILE SUPERVISED BY THE LICENSEE.
  S  904.  LICENSE  ISSUANCE AND RENEWAL. 1. LICENSES ISSUED PURSUANT TO
THE PROVISIONS OF THIS TITLE SHALL BE ISSUED FOR A PERIOD OF TWO  YEARS.
LICENSES  WHICH  ARE  NOT RENEWED SHALL BE CONSIDERED TO BE EXPIRED, AND
ANY MOLD ASSESSMENT  OR  REMEDIATION  ACTIVITY  WHICH  WOULD  REQUIRE  A
LICENSE TO PERFORM WHICH OCCURS AFTER EXPIRATION OF THE LICENSE SHALL BE
DEEMED A VIOLATION OF THE PROVISIONS OF THIS ARTICLE.
  2. ANY LICENSEE WHO FAILS TO TIMELY RENEW HIS OR HER LICENSE MAY THER-
EAFTER RENEW UPON PAYMENT OF THE APPROPRIATE RENEWAL AND DELINQUENT FEES
AND  UPON  FILING  OF  A  RENEWAL APPLICATION. THE PERIOD FOR DELINQUENT
RENEWAL OF AN EXPIRED LICENSE SHALL BE LIMITED TO THE SIX  MONTH  PERIOD
IMMEDIATELY FOLLOWING THE EXPIRATION DATE OF THE ACTIVE LICENSE. FAILURE
TO RENEW AN EXPIRED LICENSE DURING SUCH SIX MONTH PERIOD SHALL RESULT IN
FORFEITURE  OF  RENEWAL  RIGHTS AND SHALL REQUIRE THE FORMER LICENSEE TO
APPLY AS AN INITIAL APPLICANT AND MEET ALL REQUIREMENTS  OF  AN  INITIAL
APPLICANT.
  3. LICENSES SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT.
  S  905. PRACTICE BY LICENSE HOLDER. 1. A LICENSE HOLDER WHO INTENDS TO
PERFORM MOLD ASSESSMENT ON A MOLD REMEDIATION PROJECT  SHALL  PREPARE  A
WORK  ANALYSIS  FOR  THE PROJECT.   THE LICENSE HOLDER SHALL PROVIDE THE
ANALYSIS TO THE CLIENT BEFORE THE  MOLD  REMEDIATION  BEGINS.  THE  WORK
ANALYSIS MUST SPECIFY:
  (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
  (B)  THE ESTIMATED QUANTITIES OF MATERIALS TO BE REMOVED OR CLEANED AT
THE PROJECT;
  (C) THE PROPOSED METHODS FOR EACH TYPE OF REMEDIATION IN EACH TYPE  OF
AREA IN THE PROJECT; AND
  (D)  THE  PROPOSED  CLEARANCE CRITERIA FOR EACH TYPE OF REMEDIATION IN
EACH TYPE OF AREA IN THE PROJECT.
  2. A LICENSE HOLDER WHO INTENDS  TO  PERFORM  MOLD  REMEDIATION  SHALL
PREPARE  A  WORK PLAN PROVIDING INSTRUCTIONS FOR THE REMEDIATION EFFORTS
TO BE PERFORMED FOR THE MOLD REMEDIATION  PROJECT.  THE  LICENSE  HOLDER
SHALL  PROVIDE  THE  WORK PLAN TO THE CLIENT BEFORE THE MOLD REMEDIATION
BEGINS. THE LICENSE HOLDER SHALL MAINTAIN A COPY OF THE WORK PLAN AT THE
JOB SITE WHERE THE REMEDIATION IS BEING PERFORMED.
  S 906. LICENSEE DUTIES;  PROHIBITED  ACTIVITIES.  1.  A  LICENSEE  WHO
PERFORMS  MOLD INSPECTION OR ASSESSMENT SERVICES SHALL PROVIDE A WRITTEN
REPORT TO EACH PERSON FOR WHOM SUCH LICENSEE PERFORMS MOLD INSPECTION OR
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.

A. 5117                             4

  S 907. PENALTIES. 1. THE DEPARTMENT MAY 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;
  (B) DECEIT OR MISREPRESENTATION IN OBTAINING A LICENSE;
  (C) PROVIDING FALSE TESTIMONY OR DOCUMENTS TO THE DEPARTMENT;
  (D) DECEIVING OR DEFRAUDING THE PUBLIC; OR
  (E) INCOMPETENCE OR GROSS NEGLIGENCE.
  2.  VIOLATORS OF ANY OF THE PROVISIONS OF THIS SECTION MAY BE FINED BY
THE DEPARTMENT IN AN AMOUNT NOT  TO  EXCEED  TWO  THOUSAND  DOLLARS  PER
VIOLATION AND TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION FOR VIOLATION SHALL BE
TRANSFERRED  TO  A SEPARATE CONTRACTOR'S EDUCATION TRUST FUND TO BE USED
FOR EDUCATIONAL PURPOSES AS DETERMINED BY THE DEPARTMENT.
  S 908. DENIAL OF  LICENSE;  COMPLAINTS;  NOTICE  OF  HEARING.  1.  THE
DEPARTMENT  SHALL, BEFORE MAKING A FINAL DETERMINATION TO DENY AN APPLI-
CATION 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
NOTIFICATION SHALL BE SERVED IN ANY MANNER AUTHORIZED BY THE CIVIL PRAC-
TICE  LAW  AND  RULES FOR SERVICE OF SUMMONS. 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 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 UNLI-
CENSED 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 909. JUDICIAL REVIEW. THE ACTION OF  THE  SECRETARY  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 910. RULEMAKING AUTHORITY. THE  DEPARTMENT  SHALL  ADOPT  RULES  AND
REGULATIONS  TO  OVERSEE THE PRACTICE OF MOLD INSPECTION, ASSESSMENT AND
REMEDIATION AND TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

                                TITLE II
                MINIMUM WORK STANDARDS FOR THE CONDUCT OF
          MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
SECTION 915. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD  ASSESSMENTS
               BY LICENSED PERSONS.

A. 5117                             5

        916.  MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD REMEDIATION
                BY LICENSED PERSONS.
        917. POST-REMEDIATION ASSESSMENT AND CLEARANCE.
  S  915.  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  USED  BY  LICENSED
REMEDIATORS; AND
  (E)  THE  PROPOSED  CLEARANCE PROCEDURES AND CRITERIA FOR EACH TYPE OF
REMEDIATION IN EACH TYPE OF AREA.
  2. A MOLD ASSESSMENT LICENSEE SHALL CONSIDER WHETHER TO RECOMMEND TO A
CLIENT THAT, BEFORE REMEDIATION BEGINS, THE CLIENT SHOULD INFORM  BUILD-
ING  OCCUPANTS OF MOLD-RELATED ACTIVITIES THAT WILL DISTURB OR WILL HAVE
THE POTENTIAL TO DISTURB AREAS OF MOLD CONTAMINATION.
  3. CONTAINMENT MUST BE SPECIFIED IN A MOLD REMEDIATION PLAN  WHEN  THE
MOLD  CONTAMINATION  AFFECTS A TOTAL SURFACE AREA OF TWENTY-FIVE CONTIG-
UOUS SQUARE FEET OR MORE FOR THE PROJECT. 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.
  4. 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.
  5. IN THE REMEDIATION PLAN FOR THE PROJECT, THE MOLD ASSESSMENT LICEN-
SEE  SHALL  SPECIFY  THE PROCEDURE TO BE USED IN DETERMINING WHETHER THE
UNDERLYING CAUSE OF THE MOLD IDENTIFIED FOR THE PROJECT HAS BEEN REMEDI-
ATED SO THAT SUCH MOLD REMEDIATION LICENSEE IS REASONABLY  CERTAIN  THAT
THE MOLD WILL NOT RETURN FROM THE SAME CAUSE.
  S  916.  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  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, WHEN THE  MOLD
AFFECTS  A  TOTAL SURFACE AREA FOR THE PROJECT OF TWENTY-FIVE CONTIGUOUS
FEET OR MORE.  EACH EMPLOYEE WHO IS PROVIDED PPE MUST  RECEIVE  TRAINING
ON THE APPROPRIATE USE AND CARE OF THE PROVIDED PPE.
  3. THE CONTAINMENT SPECIFIED IN THE REMEDIATION PLAN MUST BE USED ON A
MOLD  REMEDIATION  PROJECT WHEN THE MOLD AFFECTS A TOTAL SURFACE AREA OF

A. 5117                             6

TWENTY-FIVE CONTIGUOUS SQUARE FEET OR MORE FOR THE PROJECT. 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.
  4. SIGNS ADVISING THAT A MOLD REMEDIATION PROJECT IS IN PROGRESS SHALL
BE DISPLAYED AT ALL ACCESSIBLE ENTRANCES TO REMEDIATION AREAS.
  5.  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 AS DESCRIBED IN SECTION
NINE HUNDRED SEVENTEEN OF THIS TITLE.
  6. 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  917. 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.
  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  AND  CEASES TO BE INVOLVED WITH THE PROJECT BEFORE THE
PROJECT PASSES CLEARANCE, THE  LICENSEE  SHALL  ISSUE  A  WRITTEN  FINAL
STATUS REPORT TO THE CLIENT AND TO THE REMEDIATION LICENSEE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 5117--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M.  of A. WEISENBERG, TITONE, MARKEY, McDONOUGH, MAISEL,
  GOLDFEDER, ZEBROWSKI, ENGLEBRIGHT, McKEVITT,  TITUS,  MOYA  --  Multi-
  Sponsored  by  --  M.  of  A.  BRENNAN, COLTON, COOK, GIBSON, LUPARDO,
  PERRY, RIVERA, STECK, THIELE -- read once and referred to the  Commit-
  tee  on  Economic  Development  -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the general business law, in relation to  requiring  the
  licensure  of  mold assessment and remediation specialists and setting
  minimum work standards for mold assessment and remediation specialists

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

  Section  1.  Article  40 of the general business law, as renumbered by
chapter 407 of the laws of 1973, is renumbered article 60.
  S 2. Sections 900 and 901 of the general business law,  as  renumbered
by  chapter  407  of  the laws of 1973, are renumbered sections 2000 and
2001.
  S 3. The general business law is amended by adding a new article 40 to
read as follows:
                               ARTICLE 40
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
TITLE I.  LICENSING  OF  MOLD  INSPECTION,  ASSESSMENT  AND  REMEDIATION
             SPECIALISTS AND MINIMUM WORK STANDARDS (SS 900-910).
        II.  MINIMUM  WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS
              AND REMEDIATION BY LICENSED PERSONS (SS 915-917).

                                 TITLE I
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS
SECTION 900. DEFINITIONS.
        901. LICENSES REQUIRED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-04-3
              

A. 5117--A                          2

        902. LICENSE APPLICATIONS; PROCEDURE AND REQUIREMENTS.
        903. EXEMPTIONS.
        904. LICENSE ISSUANCE AND RENEWAL.
        905. PRACTICE BY LICENSE HOLDER.
        906. LICENSEE DUTIES; PROHIBITED ACTIVITIES.
        907. PENALTIES.
        908. DENIAL OF LICENSE; COMPLAINTS; NOTICE OF HEARING.
        909. JUDICIAL REVIEW.
        910. RULEMAKING AUTHORITY
  S  900.  DEFINITIONS.  AS  USED IN THIS ARTICLE: 1. "DEPARTMENT" MEANS
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 THE REMOVAL, CLEANING, SANITIZING, DEMOLI-
TION,  OR  OTHER  TREATMENT, INCLUDING PREVENTIVE ACTIVITIES, OF MOLD OR
MOLD-CONTAMINATED MATTER.
  4. "MOLD INSPECTION OR ASSESSMENT" MEANS 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  INDI-
CIA OF CONDITIONS THAT ARE LIKELY TO FACILITATE INDOOR MOLD GROWTH.
  5. "COMMISSIONER" MEANS THE COMMISSIONER OF THE DEPARTMENT OF LABOR.
  S  901.  LICENSES  REQUIRED.  NO PERSON SHALL ENGAGE IN OR CONDUCT, OR
ADVERTISE OR HOLD HIMSELF OR HERSELF OUT AS ENGAGING  IN  OR  CONDUCTING
THE BUSINESS OF, OR ACTING IN THE CAPACITY OF A PERSON WHO CONDUCTS MOLD
ASSESSMENT AND/OR REMEDIATION UNLESS SUCH PERSON HOLDS A MOLD ASSESSMENT
AND/OR REMEDIATION LICENSE AS PROVIDED FOR IN THIS ARTICLE.
  S  902.  LICENSE  APPLICATIONS;  PROCEDURE  AND  REQUIREMENTS.  1. THE
COMMISSIONER SHALL ESTABLISH MINIMUM QUALIFICATIONS FOR LICENSING.
  2. APPLICATIONS FOR LICENSES AND RENEWAL LICENSES  SHALL  BE  MADE  IN
WRITING TO THE DEPARTMENT ON FORMS PROVIDED BY THE DEPARTMENT.
  3.  AN  APPLICANT FOR A LICENSE TO PERFORM MOLD ASSESSMENT AND REMEDI-
ATION SHALL MEET THE FOLLOWING MINIMUM REQUIREMENTS:
  (A) BE EIGHTEEN YEARS OF AGE OR OLDER;
  (B) HAVE SATISFACTORILY COMPLETED DEPARTMENT APPROVED COURSE WORK;
  (C) PAID THE APPROPRIATE FEES AS PROVIDED IN SUBDIVISION FIVE OF  THIS
SECTION; AND
  (D)  SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS' COMPENSATION
COVERAGE, IF REQUIRED, AND LIABILITY INSURANCE OF AT LEAST  FIFTY  THOU-
SAND DOLLARS.
  4.  AN  APPLICANT SHALL FURNISH THE DEPARTMENT WITH A FINANCIAL STATE-
MENT, PREPARED BY AN INDEPENDENT AUDITOR OR ACCOUNTANT AND SIGNED BY THE
APPLICANT AND AUDITOR 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  INSPECTION,  ASSESSMENT
AND/OR REMEDIATION SERVICES.
  5. THE DEPARTMENT MAY CHARGE AND COLLECT THE FOLLOWING FEES:
  (A)  A FEE FOR AN APPLICATION FOR A LICENSE, NOT TO EXCEED ONE HUNDRED
DOLLARS;
  (B) A FEE FOR RENEWAL OF A LICENSE, NOT TO EXCEED ONE HUNDRED DOLLARS;
AND
  (C) A FEE FOR DELINQUENT RENEWAL OF A LICENSE,  NOT  TO  EXCEED  FIFTY
DOLLARS.

A. 5117--A                          3

  S  903.  EXEMPTIONS.  THE  FOLLOWING  PERSONS SHALL NOT BE REQUIRED TO
OBTAIN A LICENSE AS PROVIDED IN THIS TITLE  IN  ORDER  TO  PERFORM  MOLD
INSPECTION, ASSESSMENT OR REMEDIATION:
  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;
  3. AN OWNER OR TENANT, OR A MANAGING AGENT OR EMPLOYEE OF AN OWNER  OR
TENANT, WHO PERFORMS MOLD ASSESSMENT OR REMEDIATION ON PROPERTY OWNED OR
LEASED  BY THE OWNER OR TENANT, PROVIDED 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; AND
  4.  AN  EMPLOYEE OF A LICENSEE WHO PERFORMS MOLD ASSESSMENT OR REMEDI-
ATION WHILE SUPERVISED BY THE LICENSEE.
  S 904. LICENSE ISSUANCE AND RENEWAL. 1. LICENSES  ISSUED  PURSUANT  TO
THE  PROVISIONS OF THIS TITLE SHALL BE ISSUED FOR A PERIOD OF TWO YEARS.
LICENSES WHICH ARE NOT RENEWED SHALL BE CONSIDERED TO  BE  EXPIRED,  AND
ANY  MOLD  ASSESSMENT  OR  REMEDIATION  ACTIVITY  WHICH  WOULD REQUIRE A
LICENSE TO PERFORM WHICH OCCURS AFTER EXPIRATION OF THE LICENSE SHALL BE
DEEMED A VIOLATION OF THE PROVISIONS OF THIS ARTICLE.
  2. ANY LICENSEE WHO FAILS TO TIMELY RENEW HIS OR HER LICENSE MAY THER-
EAFTER RENEW UPON PAYMENT OF THE APPROPRIATE RENEWAL AND DELINQUENT FEES
AND UPON FILING OF A RENEWAL  APPLICATION.  THE  PERIOD  FOR  DELINQUENT
RENEWAL  OF  AN EXPIRED LICENSE SHALL BE LIMITED TO THE SIX MONTH PERIOD
IMMEDIATELY FOLLOWING THE EXPIRATION DATE OF THE ACTIVE LICENSE. FAILURE
TO RENEW AN EXPIRED LICENSE DURING SUCH SIX MONTH PERIOD SHALL RESULT IN
FORFEITURE OF RENEWAL RIGHTS AND SHALL REQUIRE THE  FORMER  LICENSEE  TO
APPLY  AS  AN  INITIAL APPLICANT AND MEET ALL REQUIREMENTS OF AN INITIAL
APPLICANT.
  3. LICENSES SHALL BE IN A FORM PRESCRIBED BY THE DEPARTMENT.
  S 905. PRACTICE BY LICENSE HOLDER. 1. A LICENSE HOLDER WHO INTENDS  TO
PERFORM  MOLD  ASSESSMENT  ON A MOLD REMEDIATION PROJECT SHALL PREPARE A
WORK ANALYSIS FOR THE PROJECT.   THE LICENSE HOLDER  SHALL  PROVIDE  THE
ANALYSIS  TO  THE  CLIENT  BEFORE  THE MOLD REMEDIATION BEGINS. THE WORK
ANALYSIS MUST SPECIFY:
  (A) THE ROOMS OR AREAS WHERE THE WORK WILL BE PERFORMED;
  (B) THE ESTIMATED QUANTITIES OF MATERIALS TO BE REMOVED OR CLEANED  AT
THE PROJECT;
  (C)  THE PROPOSED METHODS FOR EACH TYPE OF REMEDIATION IN EACH TYPE OF
AREA IN THE PROJECT; AND
  (D) THE PROPOSED CLEARANCE CRITERIA FOR EACH TYPE  OF  REMEDIATION  IN
EACH TYPE OF AREA IN THE PROJECT.
  2.  A  LICENSE  HOLDER  WHO  INTENDS TO PERFORM MOLD REMEDIATION SHALL
PREPARE A WORK PLAN PROVIDING INSTRUCTIONS FOR THE  REMEDIATION  EFFORTS
TO  BE  PERFORMED  FOR  THE MOLD REMEDIATION PROJECT. THE LICENSE HOLDER
SHALL PROVIDE THE WORK PLAN TO THE CLIENT BEFORE  THE  MOLD  REMEDIATION
BEGINS. THE LICENSE HOLDER SHALL MAINTAIN A COPY OF THE WORK PLAN AT THE
JOB SITE WHERE THE REMEDIATION IS BEING PERFORMED.
  S  906.  LICENSEE  DUTIES;  PROHIBITED  ACTIVITIES.  1. A LICENSEE WHO
PERFORMS MOLD INSPECTION OR ASSESSMENT SERVICES SHALL PROVIDE A  WRITTEN
REPORT TO EACH PERSON FOR WHOM SUCH LICENSEE PERFORMS MOLD INSPECTION OR
ASSESSMENT SERVICES FOR COMPENSATION.
  2. NO LICENSEE SHALL PERFORM BOTH MOLD ASSESSMENT AND MOLD REMEDIATION
ON THE SAME PROPERTY.

A. 5117--A                          4

  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 907. PENALTIES. 1. THE DEPARTMENT MAY 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;
  (B) DECEIT OR MISREPRESENTATION IN OBTAINING A LICENSE;
  (C) PROVIDING FALSE TESTIMONY OR DOCUMENTS TO THE DEPARTMENT;
  (D) DECEIVING OR DEFRAUDING THE PUBLIC; OR
  (E) INCOMPETENCE OR GROSS NEGLIGENCE.
  2. VIOLATORS OF ANY OF THE PROVISIONS OF THIS SECTION MAY BE FINED  BY
THE  DEPARTMENT  IN  AN  AMOUNT  NOT  TO EXCEED TWO THOUSAND DOLLARS PER
VIOLATION AND TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT VIOLATION.
  3. ALL FINES COLLECTED PURSUANT TO THIS SECTION FOR VIOLATION SHALL BE
TRANSFERRED TO A SEPARATE CONTRACTOR'S EDUCATION TRUST FUND TO  BE  USED
FOR EDUCATIONAL PURPOSES AS DETERMINED BY THE DEPARTMENT.
  S  908.  DENIAL  OF  LICENSE;  COMPLAINTS;  NOTICE  OF HEARING. 1. THE
DEPARTMENT SHALL, BEFORE MAKING A FINAL DETERMINATION TO DENY AN  APPLI-
CATION 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
NOTIFICATION SHALL BE SERVED IN ANY MANNER AUTHORIZED BY THE CIVIL PRAC-
TICE LAW AND RULES FOR SERVICE OF SUMMONS. 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 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  UNLI-
CENSED  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  909. 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  910.  RULEMAKING  AUTHORITY.  THE  DEPARTMENT SHALL ADOPT RULES AND
REGULATIONS TO OVERSEE THE PRACTICE OF MOLD INSPECTION,  ASSESSMENT  AND
REMEDIATION AND TO ENSURE THE HEALTH, SAFETY AND WELFARE OF THE PUBLIC.

A. 5117--A                          5

                                TITLE II
                MINIMUM WORK STANDARDS FOR THE CONDUCT OF
          MOLD ASSESSMENTS AND REMEDIATION BY LICENSED PERSONS
SECTION  915. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD ASSESSMENTS
               BY LICENSED PERSONS.
        916. MINIMUM WORK STANDARDS FOR THE CONDUCT OF MOLD  REMEDIATION
                BY LICENSED PERSONS.
        917. POST-REMEDIATION ASSESSMENT AND CLEARANCE.
  S  915.  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  USED  BY  LICENSED
REMEDIATORS; AND
  (E)  THE  PROPOSED  CLEARANCE PROCEDURES AND CRITERIA FOR EACH TYPE OF
REMEDIATION IN EACH TYPE OF AREA.
  2. A MOLD ASSESSMENT LICENSEE SHALL CONSIDER WHETHER TO RECOMMEND TO A
CLIENT THAT, BEFORE REMEDIATION BEGINS, THE CLIENT SHOULD INFORM  BUILD-
ING  OCCUPANTS OF MOLD-RELATED ACTIVITIES THAT WILL DISTURB OR WILL HAVE
THE POTENTIAL TO DISTURB AREAS OF MOLD CONTAMINATION.
  3. CONTAINMENT MUST BE SPECIFIED IN A MOLD REMEDIATION PLAN  WHEN  THE
MOLD  CONTAMINATION  AFFECTS A TOTAL SURFACE AREA OF TWENTY-FIVE CONTIG-
UOUS SQUARE FEET OR MORE FOR THE PROJECT. 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.
  4. 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.
  5. IN THE REMEDIATION PLAN FOR THE PROJECT, THE MOLD ASSESSMENT LICEN-
SEE  SHALL  SPECIFY  THE PROCEDURE TO BE USED IN DETERMINING WHETHER THE
UNDERLYING CAUSE OF THE MOLD IDENTIFIED FOR THE PROJECT HAS BEEN REMEDI-
ATED SO THAT SUCH MOLD REMEDIATION LICENSEE IS REASONABLY  CERTAIN  THAT
THE MOLD WILL NOT RETURN FROM THE SAME CAUSE.
  S  916.  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  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, WHEN THE  MOLD

A. 5117--A                          6

AFFECTS  A  TOTAL SURFACE AREA FOR THE PROJECT OF TWENTY-FIVE CONTIGUOUS
FEET OR MORE.  EACH EMPLOYEE WHO IS PROVIDED PPE MUST  RECEIVE  TRAINING
ON  THE APPROPRIATE USE AND CARE OF THE PROVIDED PPE. THE TRAINING SHALL
BE APPROVED BY THE COMMISSIONER OF THE DEPARTMENT OF HEALTH.
  3. THE CONTAINMENT SPECIFIED IN THE REMEDIATION PLAN MUST BE USED ON A
MOLD  REMEDIATION  PROJECT WHEN THE MOLD AFFECTS A TOTAL SURFACE AREA OF
TWENTY-FIVE CONTIGUOUS SQUARE FEET OR MORE FOR THE PROJECT. 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.
  4. SIGNS ADVISING THAT A MOLD REMEDIATION PROJECT IS IN PROGRESS SHALL
BE DISPLAYED AT ALL ACCESSIBLE ENTRANCES TO REMEDIATION AREAS.
  5.  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 AS DESCRIBED IN SECTION
NINE HUNDRED SEVENTEEN OF THIS TITLE.
  6. 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  917. 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.
  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  AND  CEASES TO BE INVOLVED WITH THE PROJECT BEFORE THE
PROJECT PASSES CLEARANCE, THE  LICENSEE  SHALL  ISSUE  A  WRITTEN  FINAL
STATUS REPORT TO THE CLIENT AND TO THE REMEDIATION LICENSEE.
  S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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

                                 5117--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced by M. of A. WEISENBERG, TITONE, MARKEY, McDONOUGH, GOLDFEDER,
  ZEBROWSKI, ENGLEBRIGHT, McKEVITT, TITUS, MOYA -- Multi-Sponsored by --
  M. of A.  BRENNAN, COLTON, COOK, LUPARDO, PERRY, RIVERA, STECK, THIELE
  --  read once and referred to the Committee on Economic Development --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted  to  said  committee  --  recommitted  to the Committee on
  Economic Development in accordance with Assembly Rule  3,  sec.  2  --
  reference  changed  to the Committee on Labor -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

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.)

                                TITLE 1.
        LICENSING OF MOLD INSPECTION, ASSESSMENT AND REMEDIATION
                 SPECIALISTS AND MINIMUM WORK STANDARDS

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08634-07-4
              

A. 5117--B                          2

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.
  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.

A. 5117--B                          3

  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:
  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

A. 5117--B                          4

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;
  (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

A. 5117--B                          5

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.
        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;

A. 5117--B                          6

  (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
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.

A. 5117--B                          7

  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.
  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.