US Toxic Mold Safety & Protection Act
Abstracted from Michigan Lawyers Weekly, Detroit Free Press & Detroit News

A June 3rd Town Hall Meeting at the Federal Courthouse in Detroit, Michigan was the opening salvo in Democratic Congressman John Conyers' assault on toxic mold. The meeting included environmental professionals and consultants, mold investigators, remediators, victim advocates, doctors, lawyers...and victims, and it served as the prelude to the Federal legislation Conyers plans to introduce to the US House of Representatives called the United States Toxic Mold Safety & Protection Act.

Originally called Melina's Bill, the legislation grew out of an attempt to provide some protection for consumers from toxic mold. Melina, the daughter of Conyers district office manager, experienced severe loss of lung capacity due to mold in their new home, prompting Conyers's entry into the mold debate Conyers called a press conference June 27 in Washington DC to unveil House Bill HR 5040.

The bill has several components as proposed. First, the EPA would set guidelines for "acceptable" and "dangerous" levels of mold, defining threshold limits for toxic mold. It would mandate states to license and monitor mold inspectors and remediators. The EPA would also set up a national database of homes infested with toxic mold. Second, the Centers for Disease Control (CDC) must authorize a long-term study of the health effects of mold and publish the findings in a report to Congress and the President. Third, a Federal toxic mold insurance program would be instituted for families without coverage. Also, uninsured or under-insured victims of toxic mold poisoning would be eligible for Medicaide. Fourth, the bill would require Federal guidelines that states must follow for disclosure of mold problems prior to the sale of homes. Finally, it would make Federal funds available to states to help clean up "mold disasters".

Reactions to the bill have been mixed. Melinda Ballard, president of Policyholders of America, says the "self-funded insurance pool would mimic the current flood insurance system and take the liability of toxic mold cleanup off insurers." Lynda Mounts, senior counsel with the American Insurance Association, acknowledges the complex nature of the bill, but reminds that any Federal legislative solutions "must be approached with caution." John Herzog of the Air Conditioning Contractors of America says their group is anxious to work with Congress but warns of a "rush to judgment," citing the need to base regulations on "sound science."

For more information and the complete text of HR 5040: The United States Toxic Mold Safety and Protection Act, visit http://www.house.gov/conyers/mold.htm.