Introduced Version




Citations Affected: None (noncode).

Synopsis: Mold exposure standards. Requires the state department of health to: (1) convene a task force to assist the state department in developing recommendations concerning toxic mold exposure limits; and (2) submit the recommendations to the executive director of the legislative services agency.

Effective: July 1, 2005.


    January 6, 2005, read first time and referred to Committee on Public Health.


First Regular Session 114th General Assembly (2005)

PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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    A BILL FOR AN ACT concerning health.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: ; (05)IN1068.1.1. -->     SECTION 1. [EFFECTIVE JULY 1, 2005] (a) As used in this SECTION, "authoritative body" means a recognized national or international entity with expertise in public health, mold identification and remediation, or environmental health.
    (b) As used in this SECTION, "building" means an enclosed structure.
    (c) As used in this SECTION, "certified industrial hygienist" has the meaning set forth in IC 24-4-11-4.
    (d) As used in this SECTION, "code enforcement officer" means a local official responsible for enforcing housing codes and maintaining public safety in buildings.
    (e) As used in this SECTION, "mold" means any form of multicellular fungi that live on plant or animal matter in indoor environments. Types of mold include:
        (1) Cladosporium;
        (2) Penicillium;
        (3) Alternaria;
        (4) Aspergillus;
        (5) Fusarium;
        (6) Trichoderma;
        (7) Memnoniella;
        (8) Mucor; and
        (9) Stachybotrys chartarum.
    (f) As used in this SECTION, "state department" refers to the state department of health.
    (g) The state department shall, not later than August 1, 2005, convene a task force to advise the state department on developing recommendations required by subsection (h). The task force consists of eleven (11) members appointed by the governor as follows:
        (1) A representative of public health officials.
        (2) A representative of code enforcement officers.
        (3) A representative of experts on the health effects of mold.
        (4) A representative of medical experts.
        (5) A representative of certified industrial hygienists.
        (6) A representative of mold abatement experts.
        (7) A representative of individuals affected by toxic mold.
        (8) A representative of builders.
        (9) A representative of realtors.
        (10) A representative of rental property owners.
        (11) A representative of multiple family rental property owners.
    (h) The state department, with the assistance of the task force convened under subsection (g), shall, not later than November 1, 2005, develop recommendations for:
        (1) indoor mold exposure limits, including mold exposure limits for:
            (A) hospitals;
            (B) nursing homes;
            (C) child care facilities; and
            (D) elementary and high schools; and
        (2) mold identification guidelines for the recognition of mold, water damage, or microbial volatile organic compounds in indoor environments.
    (i) In developing the recommendations required by subsection (h), the state department and the task force shall:
        (1) balance the protection of public health with technological feasibility;
        (2) use and include the latest scientific data or existing standards adopted by authoritative bodies; and
        (3) consider the following:
            (A) The adverse health effects of exposure to mold on:
                (i) the general public;
                (ii) infants;
                (iii) children less than six (6) years of age;
                (iv) pregnant women;
                (v) the elderly;
                (vi) asthmatics;
                (vii) individuals with allergies;
                (viii) individuals with weakened immune systems; and
                (ix) individuals identified as being at a greater risk than the general population when exposed to mold.
            (B) The mold exposure standards adopted by authoritative bodies.
            (C) Toxicological studies and other scientific evidence that relates to mold.
    (j) Not later than December 1, 2005, the state department shall report, in an electronic format under IC 5-14-6, the recommendations developed under subsection (h) to the executive director of the legislative services agency.
    (k) A member of the task force is not entitled to the minimum salary per diem provided by IC 4-10-11-2.1(b). However, a member of the task force is entitled to reimbursement for traveling expenses as provided under IC 4-13-1-4 and for other expenses actually incurred in connection with the member's duties as provided in the state policies and procedures established by the Indiana department of administration and approved by the budget agency.

    (l) Funding for the task force shall be paid solely from the budget of the state department.
    (m) The state department shall provide staff and administrative support to the task force.
    (n) This SECTION expires December 31, 2005.