Michigan Industrial Hygiene Society
Legislative Issues

The following information pertains to current legislative issues that may affect those of us living and working in Michigan with regards to Industrial Hygiene. We urge members to keep informed on these issues and provide feedback as to your individual position on such matters.

AMERICAN INDUSTRIAL HYGIENE ASSOCIATION GOVERNMENT AFFAIRS GROUP
STATE UPDATE

March 28, 2005 2005

MICHIGAN
Here is the latest legislative/regulatory report for your State. AIHA government affairs will send the reports every week, detailing any legislation pertinent to the profession in your state. The reports will also include the text of many bills and update activity on bills already reported. You will receive these reports while your legislature is in Session. However, you will receive these reports only if there has been new activity on the legislation already reported, or new legislation is found.

CURRENT LEGISLATION: MI H 4585
SPONSOR: Kolb (D)
TITLE: Mold Studies
LOCATION: House Health Policy Committee
SUMMARY: Requires the Department of Community Health to establish an advisory committee to review toxicological studies as they relate to mold in the indoor environment.
STATUS: 03/24/2005
INTRODUCED: 03/24/2005 To HOUSE Committee on HEALTH POLICY.
PRIVATE FILE: L
DATE: 05
ISSUE: Mold

In bill text the following has special meaning
underline denotes added text
struck out text denotes deleted text

2005 MI H 4585
AUTHOR: Kolb
VERSION: Introduced
VERSION DATE: 03/24/2005

HOUSE BILL No. 4585

March 24, 2005, Introduced by Reps. Kolb, Vagnozzi, Plakas, Cheeks,
Cushingberry, Bieda, Kathleen Law, Leland, Alma Smith, Zelenko,
Meisner, Phillips and Lemmons, III and referred to the Committee on
Health Policy.

A bill to amend 1978 PA 368, entitled

"Public health code,"

(MCL 333.1101 to 333.25211) by adding section 12151.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 12151. (1) Within 3 months after the effective date of this section, the department, in cooperation with the department of environmental quality, shall establish an advisory committee to review toxicological studies and any other scientific evidence as it relates to mold and advise each department and the legislature on the issues and topics related to toxic mold and the adverse health effects of exposure to such molds on the general population.

(2) The advisory committee shall be composed of all of the following:

(a) Local health officers.

(b) Environmental health officers.

(c) Code enforcement officers.

(d) Experts on the health effects of the mold.

(e) Medical experts.

(f) Certified industrial hygienists.

(g) Mold abatement experts.

(h) Representatives of government-sponsored enterprises.

(i) Representatives from school districts or county officers of education.

(j) Representatives of employees and representatives of employers.

(k) Affected consumers.

(l) Affected industries.

(3) Members of the committee shall serve on a voluntary basis and are responsible for any costs associated with their participation in the advisory committee. The department is not responsible for travel costs incurred by advisory committee members or for otherwise compensating members for costs associated with their participation in the advisory committee.

(4) Within 1 year after the advisory committee is established under subsection (1), the advisory committee shall complete and present to the department of community health, the department of environmental quality, and the legislature a report, along with its recommendations, of its study of toxic mold. The report shall include, at a minimum, recommendations on all of the following:

(a) If determinable, permissible exposure limits to mold for indoor environments that avoid adverse effects on health and avoid any significant risk to public health. If exposure limits are indeterminable, a written explanation about the barriers or obstacles that impede the ability to establish exposure limits as they relate to mold in the indoor environment.

(b) Practical standards to assess the health threat posed by the presence of mold, both visible and invisible or hidden, in an indoor environment.

(c) Mold identification guidelines for the recognition of mold, water damage, or microbial volatile organic compounds in indoor environments.

(d) Remediation guidelines for the removal of mold and the abatement of the underlying cause of mold and associated water intrusion and water damage in indoor environments.

(e) Education and outreach strategies to inform the public of the threat posed by the presence of mold in indoor environments.

(5) Meetings of the advisory committee are subject to the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(6) A writing prepared, owned, used, in the possession of, or retained by the advisory committee in the performance of an official function is subject to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.

Legislation Reported Earlier
None to Report

Regulatory Activity
None to Report

Legislative Activity Concerning Toxic Mold

On June 5th, 2002 three bills were introduced in the Michigan State legislature that would address the issue of Toxic Mold in commercial and residential real estate. Two of the bills, House Bills H 6177 and H 6179, require property seller disclosure regarding toxic mold growth. Both of these bills were forwarded to the House Committee on Commerce for review.

The third bill, H 6178 was introduced by Reps. Kolb, Thomas, Spade, Williams, Schauer, Gieleghem, Hale, Zelenko and Dennis and referred to the Committee on Health Policy.
This bill requires the Michigan Department of Community Health to establish standards for permissible exposure limits, assessment of health threat, identification, and remediation of toxic mold substances.

Link to PDF version of this legislation.

Click here to view the AIHA response letter on the Michigan House Bill 4094, a bill introducing the creation of the "Toxic Mold Protection Act".

Link to PDF - AIHA Government Affairs Group State Update - 1-29-03

Link to PDF - AIHA Government Affairs Group State Update - 1-31-03

Link to PDF - AIHA Government Affairs Group State Update - 2-12-03

Click here to view the MI 2003 S 185 Toxic Mold Protection Act - February 13, 2003, Introduced by Senator THOMAS and referred to the Committee on Health Policy.

Click here to view the MIHS Comment Letter on Mold

Click here to view the WMIHS Comment Letter on Mold

Link to PDF - AIHA Government Affairs Group State Update - 5-19-03

Federal Legislation

Link to PDF - AIHA Response H.R. 5040 Toxic Mold Safety

Link to PDF - Comments and Suggestions from AIHA on H.R. 5040

Other Legislative Issues of Interest

SB 0088 of 2003 Senate Bill Property; other; seller disclosure form; require to include disclosure of toxic mold.
Amends sec. 7 of 1993 PA 92 (MCL 565.957).

SB 0172 of 2003 Senate Bill Property; other; seller disclosure regarding toxic mold; require. Creates new act.

SB 0185 of 2003 Senate Bill Health; other; mold; require department of community health to establish standards for permissible exposure limits, assessment of health threat, identification, and remediation.
Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding pt. 55A.

HB 4094 of 2003 House Bill Health; other; mold; require department of community health to establish standards for permissible exposure limits, assessment of health threat, identification, and remediation.
Amends 1978 PA 368 (MCL 333.1101 - 333.25211) by adding pt. 55A.