JULY 12, 2002
Rep. Conyers Introduces Federal
Toxic Mold Legislation
By Glenn Fellman
"I never had a bill that attracted a constituency before the bill was even introduced," remarked Congressman John Conyers, Jr. (D-MI) at the press conference where he unveiled The United States Toxic Mold Safety and Protection Act, HR 5040. At the time of the press conference more than 40,000 people had signed an electronic petition in favor of the Bill at the Policyholders of American (POA) website.
HR 5040, also known as the Melina Act, is designed to help prevent consumers and prospective home buyers from moving into mold infested homes, provide legal protection and recourse to prospective home buyers and renters who are exposed to dangerous levels of indoor mold, and protect the public by establishing national standards and education programs.
Until HR 5040, there were no federal bills introduced to address indoor mold growth. California is the only state in the country to have passed a law to regulate it. HR 5040 was introduced with seventeen other original co-sponsors, including senior House Democrats Henry Waxman, David Bonoir, Rosa Delauro and Tom Lantos.
Several individuals, including families and children who have developed debilitating chronic health conditions and are experiencing financial ruin, spoke at the press conference about the urgent need for Congress to pass the "Melina Bill." Rep. Conyers became aware of the severity of toxic mold poisoning from his staff assistant in Detroit, Pam Walker, whose 9 year old daughter, Melina, lost 70 percent of her lung capacity a short time after moving into a mold infested home.
When Walker told Rep. Conyers about her family's plight, the congressman asked members of his staff to contact EPA to find out the seriousness of the problem. "EPA hung up the phone on my staffer," remarked Conyers, who added, "and there will be consequences."
Conyers said, "My office has gotten hundreds of letters from home owners who have unwittingly bought homes contaminated by hazardous levels of mold growth and found that they have no protection under our laws. Toxic mold poisoning impacts people from all walks of life, regardless of income, race, or employment status. Even Ed McMahon was forced to leave his house, and his dog died due to toxic mold poisoning. I expect there to be bi-partisan consensus on this bill."
Following the remarks by Rep. Conyers, Congressman David E. Bonior (D-MI), an original co-sponsor of the Bill, spoke about the seriousness of the toxic mold problem.
"Washington Elementary in my district has been closed for four months. After years of complaints, toxic mold was discovered and now a remediation project estimated at 1 to 2 million dollars is underway. These kinds of incidents are happening all over the country," Rep. Bonoir said.
According to Bonoir, the public has only recently begun to understand the dangers associated with mold growth and there are few information resources "The Michigan Department of Health has received 1,200 calls on toxic mold this year, compared with zero in 1994," he said.
Victims and IAQ Experts Speak
POA President Melinda Ballard moderated the Conyers press conference. "This Bill benefits all Americans, those with and without mold contamination problems, since it will result in insurance premium reductions across the board," said Ballard.
HR 5040 creates a National Toxic Mold Insurance Program administered by the Federal Emergency Management Agency (FEMA) to protect homeowners from catastrophic losses. The program would operate similarly to today's Federal flood insurance program. According to Ballard, "when insurance companies no longer have to cover mold claims, they should be able to reduce homeowner premiums."
Ballard and all of the toxic mold victims who followed her at the press conference spoke of failure and abandonment by their insurance companies. "We want insurance companies to be forced to honor the policies they sell. HR 5040 will make that happen," Ballard said.
Pam Walker, Office Manager of Conyers' Detroit office, was the first toxic mold victim to tell her story. The single mom and her daughter were unpacking boxes in their new home when Melina's illness began. Soon she was suffering daily from multiple asthma attacks. After 24 frustrating days she finally was able to get an environmental inspector from her insurance company to assess the home. Levels of stachybotrys were so high that the family was immediately evacuated.
"Men came into my house wearing Hazmat suits and said we had to leave all our possessions behind," said Walker tearfully. She said her "American dream" was taken away from her over night.
Like most of the toxic mold victims who spoke, Walker faulted her insurance company for failing to intervene earlier and for not providing coverage included in its policy. "The Melina Bill will prevent others from going through the nightmare my daughter and I have been living," said Walker.
After her experience, Conyers directed Walker to research the extent of the toxic mold problem. After learning the number of people it was affecting, Conyers began working on the Melina Act.
The Melina Act directs EPA and CDC to develop accurate scientific information on the effects of different molds on human health. The necessity for this action was made clear by Dorr G. Dearborn, MD, PhD, a panelist at the press conference. He said, "ninety percent of physicians in this country no nothing about the effects of toxic mold. The lawyers in this country know far more about it than the medical community." Dearborn is Associate Professor of Pediatrics and Biochemistry at Case Western Reserve University's School of Medicine. Dr. Dearborn is also Associate Chief of the Division of Pediatric Pulmonary Disease at Rainbow Babies and Children's Hospital in Cleveland, Ohio. Like all the panelists, he applauded Rep. Conyers for proposing HR 5040.
Erik Emblem, Executive Director of the National Energy
Management Institute (NEMI) spoke of the importance of HVAC
systems in relation to toxic mold contamination. He said that
school systems with aging, poorly maintained HVAC systems are a
significant reason that school environments often have high
levels of mold spores. "We need building design teams to
retrofit buildings and to install new HVAC systems in America's
older schools," said Emblem.
The need for standards for professionals who assess toxic mold
contamination was addressed by David Fetveit, Vice President of
Aerotech Laboratories, Inc. Fetveit praised the Melina Bill and
its provisions for, "standards for preventing, detecting
and remediating indoor mold growth."
In responding to questions from the press about guidance for
consumers, panelist Tom Yacobellis, President of the Indoor Air
Quality Association (IAQA), said the EPA had several guides on
their website about mold contamination. He cited the EPA's
position on HVAC systems contaminated with mold, which the
agency advises to shut down and not operate until the mold has
been removed. "In air-conditioning systems from Florida to
Texas, mold is actively growing," said Yacobellis.
The Melina Bill
The "Melina Bill," while designed with consumers foremost in mind, is a landmark bill with sweeping implications for the IAQ professionals and professional remediators. The complete bill can be downloaded from the Internet at www.house.gov. Major Provisions of the Bill include the following:
Title I - Research and Public Education
The Bill directs the Environmental Protection Agency (EPA) and Centers for Disease Control (CDC) to examine the effects of different molds on human health and develop accurate scientific information on the hazards presented by indoor mold.
The Bill directs EPA and the Department of Housing and Urban Development (HUD) respectively, to establish guidelines that identify conditions that facilitate indoor mold growth and measures that can be implemented to prevent such growth. The guidelines will also address mold inspection, testing, and remediation.
The Bill asks EPA and HUD to establish guidelines for certifying mold inspectors and remediators. The guidelines will help identify hazards associated with inspection and remediation and the steps that should be taken to minimize the risk to human health.
The Bill authorizes programs to educate the public about the dangers of indoor mold. An informed public with be in a better position to avoid mold hazards, prevent mold growth and respond appropriately when mold growth occurs.
Title II - Housing and Real Property Provisions
The Bill requires mold
inspections for multi-unit residential property and mold
inspections for all property that is purchased or leased using
funds that are guaranteed by the federal government. The Bill
also requires mold inspections in public housing.
The Bill requires, to whatever extent possible, that local
jurisdictions modify building codes to minimize mold hazards in
new construction.
Title III -- Industry Standards Development
The Bill creates provisions for the development of industry standards related to toxic mold and indoor environmental quality.
Title IV - Indoor Mold Hazard Assistance
The Bill authorizes grants for mold removal in public buildings.
Title V - Tax Provisions
The Bill authorizes tax credits for inspection and/or remediation of mold hazards.
Title VI - National Toxic Mold Insurance Program
The Bill creates a National Toxic Mold Insurance Program administered by the Federal Emergency Management Agency (FEMA) to protect homeowners from catastrophic losses. Many homeowners are finding that insurance companies will not offer adequate coverage for mold.
Title VII - Health Care Provisions
The Bill enables States to provide Medicaid coverage to mold victims who are unable to secure adequate health care.