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

                                  3674

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 13, 2015
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

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; to amend
  chapter 551 of the laws of 2014 amending the  labor  law  relating  to
  requiring the licensure of mold assessment and remediation specialists
  and setting minimum work standards for mold assessment and remediation
  specialists,  in  relation to the effectiveness thereof; and to repeal
  section 97-pppp of the state finance law relating to 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. Article 32 of the labor law, as added by chapter 551 of the
laws of 2014, is amended 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
Section 930. Definitions.
        931. Licensing requirements.
        932. License; procedure.
        933. Exemptions.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08891-01-5
              

S. 3674                             2

        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 ANY indoor [mold] MULTI-CELLULAR FUNGI 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], indi-
cia of conditions that are likely to facilitate [indoor] mold  [growth],
OR ANY COMBINATION THEREOF.
  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. "PROJECT" MEANS MOLD REMEDIATION, MOLD ASSESSMENT, OR  MOLD  ABATE-
MENT,  OF  AREAS  GREATER THAN TEN SQUARE FEET, BUT DOES NOT INCLUDE (A)
ROUTINE CLEANING OR (B) CONSTRUCTION, MAINTENANCE, REPAIR OR  DEMOLITION
OF  BUILDINGS, STRUCTURES OR FIXTURES UNDERTAKEN FOR PURPOSES OTHER THAN
MOLD REMEDIATION OR ABATEMENT.
  7. "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 ON A PROJECT, or to advertise or
hold themselves out as a mold assessment contractor unless such contrac-
tor has a valid mold assessment license issued by the commissioner.
  2.  It  shall be unlawful for any contractor to engage in mold remedi-
ation ON A PROJECT, or to advertise or hold themselves  out  as  a  mold
remediation  contractor  unless such contractor has a valid mold remedi-
ation license issued by the commissioner.
  3. It shall be unlawful for any individual to engage in mold abatement
ON A PROJECT 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 commissioner.
  4. A copy of a valid mold assessment or mold remediation license  must
be conspicuously displayed at the work site on a mold project.
  5.  (a) Nothing in this article shall prohibit any design professional
licensed pursuant to title eight of the education  law  from  performing
mold inspection, assessment, remediation and/or abatement tasks or func-
tions  if  the person is acting within the scope of his or her practice,
or require the design professional to obtain a license under this  arti-

S. 3674                             3

cle  for  such  mold inspection, assessment remediation and/or abatement
tasks or functions.
  (b)  Nothing  in  this  article  shall  mean  that  any individual not
licensed pursuant to title eight of the education law may perform  tasks
or  functions  limited to the scope of practice of a design professional
under such title.
  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]  COMMISSIONER 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.
  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] COMMISSIONER 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
  (D)  SUBMITTED INSURANCE CERTIFICATES EVIDENCING WORKERS' COMPENSATION
COVERAGE, IF REQUIRED, AND LIABILITY INSURANCE OF AT LEAST  FIFTY  THOU-
SAND  DOLLARS  PROVIDING  COVERAGE  FOR CLAIMS ARISING FROM THE LICENSED
ACTIVITIES AND OPERATIONS PERFORMED PURSUANT TO THIS ARTICLE.
  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] COMMISSIONER 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  PROVIDING  COVERAGE  FOR CLAIMS ARISING FROM THE LICENSED
ACTIVITIES AND OPERATIONS PERFORMED  PURSUANT  TO  THIS  ARTICLE.    [An
applicant  for  a  license to perform mold remediation shall furnish the
department with a financial statement, prepared by an independent  audi-
tor or accountant and signed by the applicant and auditor before a nota-
ry  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]  COMMISSIONER  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] COMMISSIONER shall charge and collect the  follow-
ing NON-REFUNDABLE fees which shall accompany each application:

S. 3674                             4

  (a) a fee for an initial application for a license[, not to exceed one
hundred  dollars]  AS  DETERMINED  BY THE COMMISSIONER, OF NOT LESS THAN
FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR A MOLD REME-
DIATION LICENSE, NOT LESS THAN ONE HUNDRED FIFTY DOLLARS NOR  MORE  THAN
THREE  HUNDRED  DOLLARS  FOR A MOLD ASSESSMENT LICENSE AND NOT LESS THAN
FIFTY DOLLARS NOR MORE THAN ONE HUNDRED DOLLARS FOR AN  INDIVIDUAL  MOLD
ABATEMENT LICENSE; [and]
  (b)  a  fee  for  renewal  of  a  license[,  not to exceed one hundred
dollars] EQUAL TO THE APPLICATION FEE; AND
  (C) A FEE TO BE CHARGED TO A COURSE PROVIDER FOR REVIEW OF EACH COURSE
SUBMITTED FOR APPROVAL, AS DETERMINED BY THE COMMISSIONER, OF  NOT  LESS
THAN FIVE HUNDRED DOLLARS AND NOT MORE THAN ONE THOUSAND DOLLARS, AND AN
ADDITIONAL  FEE  TO BE CHARGED TO A COURSE PROVIDER OF NOT LESS THAN ONE
HUNDRED DOLLARS NOR MORE THAN TWO HUNDRED DOLLARS FOR REVIEW OF  CHANGES
OF TECHNICAL CONTENT.
  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, OR ABATEMENT:
  1.  a residential property owner who performs mold inspection, assess-
ment [or], remediation, OR ABATEMENT on his or her own property;
  2. a non-residential property owner, or the employee  of  such  owner,
who  performs  mold  assessment  [or],  remediation,  OR ABATEMENT 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 OR
MANAGING AGENT who performs mold assessment [or], remediation, OR ABATE-
MENT  on commercial property OR A RESIDENTIAL APARTMENT BUILDING OF MORE
THAN FOUR DWELLING UNITS 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, OR  ABATE-
MENT for the public; AND
  4. A FEDERAL, STATE OR LOCAL GOVERNMENTAL UNIT OR PUBLIC AUTHORITY AND
EMPLOYEES  THEREOF  THAT PERFORM MOLD ASSESSMENT, REMEDIATION, OR ABATE-
MENT ON ANY PROPERTY OWNED, MANAGED OR REMEDIATED BY  SUCH  GOVERNMENTAL
UNIT OR AUTHORITY.
  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
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] ISSUE A NOTIFICATION OF DENIAL PURSUANT TO SUBDIVI-
SION ONE OF SECTION NINE HUNDRED THIRTY-EIGHT OF THIS TITLE.
  3. Licenses shall be in a form prescribed by the [department]  COMMIS-
SIONER.
  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]  COMMISSIONER-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

S. 3674                             5

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] LICENSEE
WHO performs mold assessment services and the  [entity  which]  LICENSEE
WHO performs mold remediation services on the same property.
  S 937. Civil penalties and revocation. 1. The [department] COMMISSION-
ER  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] COMMIS-
SIONER  in relation to a license authorized by this article or any other
license issued by the [department] COMMISSIONER;
  (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] COMMISSIONER 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]  COMMISSIONER  shall, before making a determination to deny
an application 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
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]  ISSUANCE  of  such notification. If a hearing is
requested, such hearing shall be held at such  time  and  place  as  the
[department] COMMISSIONER shall prescribe.
  2.  If  the  applicant  fails  to make a written request for a hearing
within thirty days after [receipt] ISSUANCE of such  notification,  then
the  notification  of denial shall become the final determination of the
[department] COMMISSIONER.   The [department]  COMMISSIONER  shall  have
subpoena powers regulated by the civil practice law and rules. If, after
such  hearing,  the application is denied, written notice of such denial

S. 3674                             6

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] COMMISSIONER shall, before revoking or suspending
any license or imposing any fine as authorized by this article or repri-
mand 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.  NO PRIOR NOTICE AND  HEARING
IS REQUIRED BEFORE THE COMMISSIONER ISSUES AN ORDER DIRECTING THE CESSA-
TION OF UNLICENSED ACTIVITIES.
  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] COMMISSIONER 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]  COMMISSIONER  MAY
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;
  (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.

S. 3674                             7

  2. The REMEDIATION PLAN MAY  REQUIRE  containment  [specified  in  the
remediation plan must], AS APPROPRIATE, TO 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.
  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.

S. 3674                             8

  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. Section 97-pppp of the state finance law, as added by chapter 551
of the laws of 2014, is REPEALED.
  S 3. The opening paragraph of subdivision 3 of section 30 of the labor
law, as added by chapter 162 of the laws of 1993, is amended to read  as
follows:
  Except  for  variations concerning provisions, rules, codes, orders or
any other matter affecting asbestos projects, MOLD  PROJECTS  or  safety
and  health standards for public employees, including but not limited to
projects covered by article thirty and section twenty-seven-a and subdi-
vision ten of section two hundred forty-one of this chapter;
  S 4. Section 3 of chapter 551 of the laws of 2014 amending  the  labor
law  relating  to requiring the licensure of mold assessment and remedi-
ation specialists and setting minimum work standards for mold assessment
and remediation specialists, is amended to read as follows:
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become  a  law,  PROVIDED,  HOWEVER,  THAT  THE  LICENSING
REQUIREMENTS  OF SECTION 931 OF ARTICLE 32 OF THE LABOR LAW, AS ADDED BY
SECTION ONE OF THIS ACT, SHALL TAKE EFFECT ON THE FIRST OF JANUARY  NEXT
SUCCEEDING THE DATE ON WHICH IT SHALL HAVE BECOME A LAW.
  S  5.  This act shall take effect immediately; provided, that sections
one, two and three of this act shall take effect on the same date and in
the same manner as chapter 551 of the laws of 2014, takes effect.