State Model Law Comment Draft

    STATE 

MODEL LAW 

Comment Draft 

October 1991 

ALLIANCE TO END CHILDHOOD LEAD POISONING 

600 Pennsylvania Ave., S.E., Suite 100 

Washington, D.C. 20003  



  

Honorary Co-chairs 

Senator John Heinz 

Senator Joseph Lieberman 

Board of Directors 

Herbert L. Needleman M.D. 
Chairman 

Cushing N. Dolbeare 

Edward B. Fort Ph. D. 

Teresa Heinz 

Richard |. Jackson M.D. 

Seymour Kety M.D. 

Philip J. Landrigan M.D. 

Audrey R. McMahon 

Frank Oski M.D. 

Charles E. Peck 

Stephanie Pollack Esq. 

David P. Rall M.D. 

Cecil Sheps M.D. 

Ellen Silbergeld Ph.D. 

Bailus Walker, Jr. Ph. D. 

Executive Director 

Don Ryan 

The problem 

is so well defined, 

so neatly packaged, 

with both causes 

and cures known, 

that if we don't 

eliminate this social 

crime, our society 

deserves all the 

disasters that have 

been forecast for it. 

— Rene Dubos 

“Fy 
ALLIANCE TO END CHILDHOOD LEAD POISONING 

FIRST COMPREHENSIVE NATIONAL CONFERENCE 
  

® Omni Shoreham Hotel ® Washington, D.C. ® October7 & 8, 1991 

October 1, 1991 

IN RE: STATE MODEL LAW 
COMMENT DRAFT ATTACHED 

Dear Colleague: 

A copy of "The Comprehensive Lead Reduction Act" (Act) is 
attached for your review and comment. The Act is designed 
to create a comprehensive primary prevention program at 
the state and local levels that will reduce and eventually 
eliminate childhood lead poisoning by preventing exposure 
to environmental lead. 

This draft was developed by the Alliance, working with its 
Model Law Technical Advisory Committee. The Alliance 
especially wants to thank Paul Locke, Esquire, of the 
Environmental Law Institute for his work on this draft. 
It should be emphasized that this is a comment draft. 
PLEASE REVIEW AND SUBMIT YOUR COMMENTS TO THE ALLIANCE IN 

THE SELF-ADDRESSED ENVELOPE. It would be most helpful if 
your comments were sent by November 15th. 

The Model Law is part of the Alliance's larger effort to 
define and develop primary prevention strategies to combat 
childhood lead poisoning and catalyze their implementa- 
tion. Although legal requirements do not conclusively 
insure the effectiveness of a primary prevention program 
(after all, laws that only amount to "paper tigers" 
abound), a proper legal framework is, in the long run, a 
prerequisite for vital and continuing CLP prevention 
programs. 

I suggest this draft model law be read in conjunction with 
the "Conceptual Outline" of the Primary Prevention Strate- 
gies Handbook, also enclosed in this envelope. In partic- 
ular, the Outline's chapter on legislation states some of 
the principles that animate the model law - for example, 
the assumption that the law should be enacted at the state 
level in order to assure the consistency and minimum 
strictness of local programs. 

® 600 Pennsylvania Avenue, S.E. ® Suite 100 ® Washington, D.C. 20003 ® 202-543-1147 ® FAX 202-543-4466 * 

 



  

Alliance To End Childhood Lead Poisoning 
State Model Law 
Comment Draft (October 1, 1991) 
Page 2 

Generally speaking, the law takes a "carrot and stick" 
approach to mandatory comprehensive prevention - oriented 
CLP programs. We believe as a guiding principle that 
enforceable regulatory requirements provide the basis for 
such a program. We also believe that private initiatives 
and engaging market forces should be important factors in 
the fight against CLP (and hope that both regulatory 
requirements and positive public/private partnerships will 
provide strong incentives for private sector involvement, 
as is the current case in Massachusetts). 

A brief description of the Act may be helpful to your 
review. The Act is divided into a short introductory 
section and nine titles. The introductory section states 
the purposes and goals of the Act and defines thirty-three 
essential terms, such as "lead hazard reduction," "lead 
safe," "inspection," and "case(s) of childhood lead poi- 

soning." 

Title I establishes an Office of Lead Poisoning Prevention 
and Exposure Reduction within one department within the 
state government. It also requires the development of a 
comprehensive educational program and case management 
program, and the establishment of a comprehensive lead 
program fund and a Commission on Environmental Lead. 

Title II requires that regulations mandating screening of 
children six years and under be promulgated within six 
months of passage. Those regulations must be consistent 
with the guidelines issued by the Centers for Disease 
Control. Screening must be carried out by physicians and 
child care providers. Nursery schools and kindergartens 
must obtain screening results prior to initial enrollment 
of a child. This title also requires that regulations be 
promulgated requiring developmental assessments for all 
children who are diagnosed as lead poisoned. Reporting of 
lead poisoning cases must be made within five days of 
diagnosis. 

Title III mandates that regulations be developed for con- 
ducting comprehensive lead inspections within six months 
of the passage of this law. It also empowers state inspec- 
tors to conduct lead inspections and requires that regula- 

 



Alliance To End Childhood Lead Poisoning 
State Model Law 
Comment Draft (October 1, 1991) 

Page 3 

tions be promulgated to notify occupants of the inspection 
of child care facilities, rental and leased properties, 
and inspections prior to the transfer of property. 

Lead hazard reduction is covered in Title IV. Once again, 
regulations are required to be promulgated within six 
months of the passage of the law that cover acceptable and 
unacceptable levels of exposure, circumstances under which 
owners and operators must undertake lead exposure reduc- 

tion, and other matters. 

Enforcement, fines and criminal penalties are covered in 
Title V. This title also contains a citizen suit provi- 
sion so that citizens may bring suit against government 
and any entity or person who violates the Act. 

Lead contractor, lead inspector and laboratory licensure 
and certification are required by Title VI. It requires 
that standards shall be developed for training courses and 
certification of workers, and for laboratory analyses of 
blood lead and lead in environmental media. A quality 
assurance/quality control program for laboratories is also 
a requirement of this Title. 

Titles VII and VIII set out certain financial and tax 
incentives, provide for lead and property transfer taxes, 
and contain other provisions. Finally, Title IX covers 
disposal of lead contaminated waste. 

The model law necessarily raises a multitude of issues 
because of its comprehensive nature and intent. You could 
be most helpful commenting on the law from your own per- 
spective and experience, whether it relates to legal, 
program, or technical questions. To provide some frame- 
work for comment, I suggest that the law raises both 
broader policy questions and technical legal ones. 

Examples of policy questions are: 

o Does the law sufficiently define and integrate the 
essential elements of a primary prevention strategy 
(screening, abatement, etc.)?  



  

Alliance To End Childhood Lead Poisoning 
State Model Law 
Comment Draft (October 1, 1991) 
Page 4 

o Does the law take an approach that breaks down bu- 
reaucratic barriers and encourages or forces an 
integrated program? 

o Does the law provide enough support or programs to 
engage the private sector in lead abatement? 

0 Does and should the law provide at least some protec- 
tion to populations in addition to victim children 
six and under? 

o Is the cut-off date of 1980 for homes putatively con- 
taining lead-based paint excessively cautious (i.e., 
should it be an earlier year such as 1978)? 

Examples of at least somewhat technical legal questions 
are: 

0 In order to "jump start" the comprehensive primary 
prevention program outlined in the Act, the Act re- 
quires that regulations be promulgated on a strict 
schedule. Is this schedule appropriate? 

o Should regulatory "hammers" (default requirements 
that become effective when and if the agency fails to 
issue timely regulations) be incorporated into the 
law? 

0 Are the definitions of "lead hazard reduction," "lead 
safe," "inspection," "inspector," and "cases (s) of 
childhood lead poisoning" adequate? If not, how 
would you change them? 

o Section 8 creates a Comprehensive Environmental Lead 
Fund to be used for expenses related to certain lead 
prevention activities. Are the purposes listed here 
appropriate? 

o Title III requires lead inspections of certain facil- 
ities. Are the facilities listed here comprehensive? 
Should others be added? 

 



  

Alliance To End Childhood Lead Poisoning 
State Model Law 
Comment Draft (October 1, 1991) 
Page 5 

Thank you in advance for your assistance and effort. 
look forward to receiving your comments. 

Very truly yours, 

K.W. James chow, Esq. 
Project Manager 

enclosure 

i 

 



SEC. 1 
SEC. 2 Findings 
SEC. 3 Purpose and Goals 
SEC. 4 Definitions 

TITLE I: COMPREHENSIVE ENVIRONMENTAL LEAD PROGRAM 
  

  

SEC. 5 Comprehensive Environmental Lead Reduction Program 

SEC. 6 Education 
SEC. 7 Case Management 
SEC. 8 Comprehensive Environmental Lead Program Fund 
SEC. 9 Commission on Environmental Lead 

TITLE ll: SCREENING, REPORTING AND DEVELOPMENTAL ASSESSMENTS 
  

SEC. Screening by Health Care Providers 
SEC. Screening Prior to Child Care or School Enrollment 

SEC. Screening by Other [State or Commonwealth] Programs 

SEC. Developmental Assessments 
SEC. Reimbursement by Third Party Insurers 
SEC. Reporting of Cases of Lead Poisoning 

TITLE lll: LEAD INSPECTIONS 
  

SEC. Comprehensive Environmental Lead Inspections 

SEC. State Inspectors 
SEC. Notice to Occupants 
SEC. Inspection of Child Care Facilities 
SEC. Inspections of Rental and Leased Property 

SEC. Inspection of Geographical Priority Areas 

SEC. Inspections Prior to Property Transfer 
SEC. Violations 

TITLE IV: LEAD HAZARD REDUCTION 
  

SEC. 24 Lead Hazard Reduction 
SEC. 25 Revisions to the [State or Commonwealth, Health, Sanitary and Housing] 

Code 
SEC. 26 Renovation or Rehabilitation 
SEC. 27 Fugitive Dust  



  

TITLE V: LIABILITY AND ENFORCEMENT 
  

SEC. 28 Enforcement Orders 
SEC. 29 Preservation of Existing Rights and Remedies 
SEC. 30 Fines, Penalties and Liens 
SEC. 31 Criminal Penalties 
SEC. 32 Citizen Suits 

TITLE VI: LICENSURE AND CERTIFICATION 
  

SEC. 33 Licensure or Certification of Environmental Lead Inspectors and Lead 
Contractors, Supervisors and Workers 

SEC. 34 Laboratory Certification 

TITLE Vii: FINANCIAL ASSISTANCE 
  

SEC. 35 Tax Credit 
SEC. 36 Lead Hazard Reduction Fund 

SEC. 37 Bonds Authorized 

~ TITLE Vii: ADDITIONAL PROVISIONS 
  

SEC. 38 Taxes and Surcharges 
SEC. 39 Compliance Orders 
SEC. 40 Delegation of Authority 
SEC. 41 Interpretation and Severability 

TITLE IX: DISPOSAL OF LEAD CONTAMINATED WASTE 
  

SEC. 42 Classification of Lead Contaminated Waste as a Special Waste 

SEC. 43 Disposal of Lead Contaminated Waste 
SEC. 44 Recordkeeping 

il 

 



  

SECTION 1 Title 

This law may be cited as the “Comprehensive Environmental Lead Reduction Act.” 

SECTION 2 Findings 

The [legislature] [general assembly] finds that: 

1 

2 

Childhood lead poisoning is the number one environmental health hazard facing children today; 

Environmental exposure to even low levels of lead increases a child's risks of developing 

permanent learning disabilities, reduced concentration and attentiveness, and behavior 

problems, problems which may persist and adversely affect the child's chances for success in 

school and life; 

Childhood lead poisoning is caused by environmental exposure to lead; 

The most significant sources of environmental lead are lead-based paint in housing, and house 

dust and soil contaminated by lead; 

Other sources of lead, such as lead in consumer products, lead in drinking water, and lead in 

ambient air can contribute to lead poisoning; 

The causes of childhood lead poisoning are well understood, and a concerted societal effort 

could virtually eliminate this disease as a public health problem in 20 years; 

[Name of State or Commonwealth] currently does not have a comprehensive strategy in place 

for preventing childhood lead poisoning and reducing lead exposure; 

Tens of thousands of children in [Name of State or Commonwealth] are poisoned by lead, and 

most of these poisoned children are undiagnosed and untreated; 

Childhood lead poisoning is dangerous to the public health, safety, and general welfare and 

necessitates excessive and disproportionate expenditures of public funds for health care and 

special education, causing a drain upon public revenue; and 

10 The provisions of this law shall be liberally construed to effectuate its purposes. 

SECTION 3 Purpose and Goals 

1 

  

The purpose of this law is to protect the public health and welfare by establishing a 

comprehensive primary prevention program designed to prevent childhood lead poisoning by 

reducing exposure to environmental lead. i 

The goals of this law are: 

a to eradicate childhood lead poisoning by the year 2010 through the elimination of 

potential sources of environmental lead; and 

b to provide universal screening for children six (6) years of age and younger. 

 



  

SECTION 4 Definitions 

For the purposes of this law: 

1 

10 

11 

12 

13 

The term "child care facility” or "child care facilities" or "day care facility" means any facility 
licensed by [the State or Commonwealth] to offer or provide day care services or child care and 
any public or private schools attended by children six (6) years of age and younger. 

The term "child care provider" means any person licensed by [the State or Commonwealth] to 
offer or provide day care services or child care. 

The term "case(s) of childhood lead poisoning” means a child or children six (6) years of age 
and younger with a confirmed venous blood lead level greater than or equal to ten (10) 
micrograms of lead per deciliter of whole blood (ug/dl), or such lower blood lead level as may 
be recommended by the Department or the United States Department of Health and Human 
Services, Public Health Service, Centers for Disease Control. 

The term "community outreach” means a program that provides information about childhood 
lead poisoning and primary prevention services to the public, and encourages community 
participation in efforts to eradicate childhood lead poisoning. 

The term "comprehensive environmental lead inspection” or “inspection” means the inspection 
of any dwelling, dwelling unit, or premises for the presence of lead including, but not limited to, 

examination of painted surfaces, paint, dust, and such examination in other media that the 
inspector deems necessary for carrying out the purposes of this law. The "comprehensive 
environmental lead inspection” or “inspection” shall also include such sampling as may be 
necessary or expedient in the opinion of the inspector, interviews with residents and employees, 
review of documents, licenses, permits, certifications, and any other measures that the inspector 

deems necessary for carrying out the purposes of this law. 

The term “Department” means the [Name of State or Commonwealth] [department of health] 

[department of environmental protection] [other department]. 

The term "developmental assessment” means the evaluation conducted pursuant to Section 13 
of this law. 

The term "Director" means the director of the department of [health] [environment] [other 

department]. 

The term "dwelling" means any enclosed space that is wholly or partly used or intended to be 
used for living or sleeping by human occupants. 

The term "dwelling unit" means any boarding house, single residence hotel, or room or group 
of rooms located within a dwelling and forming a single habitable unit with facilities that are 
used or intended to be used for living, sleeping, cooking, and eating. 

The term “foster home" means [define this term in accordance with State or Commonwealth 

law]. 

The term “Fund” means the Comprehensive Environmental Lead Program Fund established 
pursuant to Title | of this law. 

The term “health care facility" means [define this term in accordance with State or 

Commonwealth law]. 

 



  

14 

15 

16 

17 

18 

19 

20 

21 

22 

23 

24 

The term “health care provider means [define this term in accordance with State or 

Commonwealth Law]. 

The term “imminent hazard" means a situation in which lead exposure could potentially create 

a case of childhood lead poisoning or in which a violation of law is threatened. 

The term “inspector” or "state inspector” means the Director, his designee, any inspector 

employed by the Department, or any other person designed by the Director who is authorized 

to conduct comprehensive environmental lead inspections. 

The term "lead hazard reduction” means any action or actions designed to reduce exposure to 

lead in any dwelling or dwelling unit or on any premises and may include, but is not limited to: 

relocation of occupants; repair, enclosure, encapsulation, or removal of lead-based paint and/or 

lead-contaminated dust, soil, or drinking water; and cleanup measures or ongoing maintenance 

measures. Repainting with non-lead-based paint, without removal, replacement, or covering of 

the underlying lead-based paint, shall not constitute lead hazard reduction. 

The term "Lead Hazard Reduction Fund" means the fund established in Title VIII of this law. 

The term “lead contaminated waste" means any discarded material resulting from lead hazard 

reduction that fails the test for the Toxicity Characteristic set forth at 40 C.F.R. Part 261 [or the 

Toxicity Characteristic of State or Commonwealth] due to the presence of lead, or any material 

that is a mixture of discarded material resulting from lead hazard reduction and some other 

material. 

The term "lead contractor" means any person or entity engaged in lead hazard reduction 

activities and includes persons who design, perform, oversee, or evaluate lead hazard reduction 

projects. 

The term “lead-safe" means that a dwelling, dwelling unit, premises or any other structure (and 

the surrounding area) either contains no lead, or contains lead in such condition and location 

that does not result in exposure to humans above the acceptable environmental lead levels 
established by regulations promulgated by the Department. 

The term “nursery school" means [define this term in accordance with State or Commonwealth 

Law]. 

The term “occupant means any person who resides in, or regularly uses, a dwelling, dwelling 

unit, or premises. 

The terms "owner" or "operator" mean any person or persons who, alone or jointly or severally: 

a Shall have legal title to any dwelling, dwelling unit, or premises with or without 

accompanying actual possession thereof; or 

b Shall have charge, care or control of any dwelling, dwelling unit, or premises as owner 

or agent of the owner, or an executor, administrator, trustee, or guardian of the estate 
of the owner, or as a mortgagee in a foreclosure proceeding. 

For purposes of publicly owned property only, the owner shall be defined to be the chief 

executive officer of the municipal or state agency which owns, leases, or controls the use of the 

property. Any person representing the actual owner shall be bound to comply with the 

provisions of this law and with rules and regulations adopted pursuant thereto to the same 

extent as if that person were the owner. 

 



  

25 

26 

27 

28 

29 

30 

31 

32 

33 

The term “person” means any Federal, [State or Commonwealth], or local organization or 
agency, individual, firm, corporation, association, joint venture, or partnership and includes 
municipal and [State or Commonwealth] agencies. 

The term “premises” means a platted lot, or part thereof, or unplatted lot, or parcel of land, or 
plot of land occupied by a dwelling or structure and includes any land, open areas, building, 
accessory structure, or other structure thereon. 

The term "preschool" means [define in accordance with State or Commonwealth Law]. 

The term "primary prevention" means steps taken to prevent exposure that results in disease. 

The term "Program" means the Comprehensive Environmental Lead Reduction Program 
established by this law. | 

The terms "sale" and "transfer" of a dwelling unit, dwelling, or premises means any change in 
ownership or management; transfer through condemnation, dissolution of corporate identity, 
financial reorganization and liquidation in backruptcy or insolvency; transfer of shares of a 
corporation that results in a change in the controlling interest; and termination of a leasehold 
interest by the owner or operator, unless the lease is renewed by the owner or operator within 
ninety (90) days. 

The term "screening" means the medical procedures by which the concentration of lead in whole 
venous blood is measured. 

The term "shelter" means [define in accordance with State or Commonwealth Law]. 

The term “third party insurers” means every medical service corporation, hospital service 
corporation, health maintenance organization, or other insurance company offering and/or 

insuring health services. 

TITLE I: COMPREHENSIVE ENVIRONMENTAL LEAD PROGRAM 
  

SECTION 5 Comprehensive Environmental Lead Reduction Program 

1 The Department shall create an Office of Lead Poisoning Prevention and Hazard Reduction, 
which shall be vested with the powers and responsibilities set forth in this law. The director of 
the Office of Lead Poisoning Prevention and Exposure Reduction shall report directly to the 
Director. 

The Office shall establish within the Department a Comprehensive Environmental Lead Reduction 
Program. 

The Program shall be responsible for creating and implementing a coordinated and 
comprehensive plan to prevent lead poisoning and to eliminate exposure to environmental lead. 

 



  

4 The Program shall exercise any and all powers of the Department that may be necessary and 

appropriate, including but not limited to the following: 

a 

b 

e 

promulgating and enforcing regulations; 

developing interagency agreements to coordinate lead poisoning prevention, exposure 

reduction, identification, and treatment activities and lead reduction activities with all 

other pertinent federal, state, and local agencies and programs, including but not limited 

to public housing agencies, energy efficiency programs, and home maintenance and 

improvement programs; ; 

coordinating all phases of management and surveillance for all cases of childhood lead 

poisoning; 

developing and implementing a comprehensive education program regarding 

environmental lead exposures and lead poisoning directed at key professional groups, 

the general public, and other appropriate target groups; and 

coordinating comprehensive community outreach activities. 

SECTION 6 Education 

1 The Department shall develop a comprehensive educational program regarding environmental 

lead exposures and lead poisoning by: 

a 

b 

Identifying appropriate target groups in a position to prevent childhood lead poisoning 

or reduce the number of children who are exposed to lead; and 

Assessing the information needed by each of the target groups and determining the best 

means of educating the members of each of these target groups. 

2 The comprehensive educational program shall coordinate its efforts with all appropriate local 

[State or Commonwealth] and Federal agencies. 

SECTION 7 Case Management 

1 

  

The Department shall develop a case management program to ensure that all cases of 

childhood lead poisoning receive appropriate services. 

The services shall include, but not be limited to the following: 

a 

b 

diagnosis and appropriate medical follow-up for each case of childhood lead poisoning; 

a comprehensive environmental lead inspection of the dwelling, dwelling unit, and jor 

premises occupied by each case of childhood lead poisoning; 

lead hazard reduction actions; and 

any other activites necessary to reduce exposure to lead and the consequences of such 

exposure. 

The Department shall have the authority to establish deadlines for carrying out such services 

and to establish priorities regarding providing such services to cases of lead poisoning. 

 



  

In conjunction with appropriate local and [State or Commonwealth] agencies, the Department 
shall develop a program to ensure (on a priority basis by blood lead level) that lead-safe housing 
is available to cases of childhood lead poisoning and their families, if the families are unable to 
make such arrangements for themselves. 

The Department shall develop a data management system designed to collect and analyze 
information regarding childhood lead poisoning, primary prevention and screening activities, 
and investigate the extent of childhood lead poisoning in [name of State or Commonwealth]. 

SECTION 8 Comprehensive Environmental Lead Program Fund 

1 

  

There is hereby created a nonlapsing, continuous, restricted receipt account, to be called the 
Comprehensive Environmental Lead Program Fund. 

The Fund shall be used for expenses related to the development, implementation, and operation 
of the Program, including but not limited to the following activities: 

a Provision of primary prevention services, establishment and maintenance of community 
outreach activities, and development, administration, and coordination of a 
comprehensive educational program on environmental lead exposures and lead 
poisoning; 

b Provision of permanent or temporary lead-safe housing for cases of childhood lead 
poisoning and their families as necessary and on a priority basis by blood lead level; 

C Provision of comprehensive environmental lead inspections and technical assistance 
on appropriate environmental lead hazard reduction techniques to families of cases of 
childhood lead poisoning and to families of uninsured and underinsured cases of 
childhood lead poisoning on a priority basis by blood lead level; 

d Provision of comprehensive environmental lead inspections and technical assistance 
on appropriate environmental lead hazard reduction techniques to preschools, day care 
facilities, nursery schools, public and private elementary schools, and foster homes and 
shelters serving children six (6) years of age and younger; 

© Provision of the necessary funds for enforcement of fugitive dust regulations designed 
to reduce or eliminate the hazards caused by removal of leaded paint from the exterior 
of structures; 

f Provision of necessary funds for the establishment of a low interest or no interest loan 
program, loan guarantee program, or grant program for homeowner lead hazard 
reduction activities; 

g Provision of necessary funds for any other purpose related to elimination of childhood 
lead poisoning and lead exposure reduction as determined by the Department and the 
Commission on Environmental Lead. 

h Provision of necessary funds for the administration of a childhood blood lead screening 
program by the Department, including processing, analyzing, and reporting childhood 
blood lead samples; 

i Provision of necessary funds to provide appropriate blood lead screening and follow- 
up blood lead testing for uninsured and underinsured pre-school children; and 

 



  

Provision of necessary funds for the development of a data management system to 

collect and analyze information regarding childhood lead poisoning, primary prevention 

and screening activities, and investigate the extent of childhood lead poisoning in [name 

of State or Commonwealth] and relating such information to abatement programs and 

activities. 

3 Deposit of monies in the Fund 

a The Director shall assess fees to physicians, health care facilities, and third party 

insurers for laboratory and other lead screening-related services provided by the 

Department, and deposit such fees into the Fund. 

The Director shall deposit other fees, fines, penalties, and monies into the Fund as 

provided in this law. 

The [legislature] [general assembly] may, through appropriations or other means, 

contribute to the Fund. 

The Fund may accept monies, including federal grants and appropriations, from the 

United States. 

4 The monies in the Fund shall be invested in an interest bearing account, and the interest earned 

shall be credited to, and become part of, the Fund. 

The monies in the Fund shall not be commingled with monies in the Treasury or monies in other 

special funds or accounts. 

Not later than one year after the establishment of the Fund, and annually thereafter, the 

Department shall prepare a written report for the Commission on Environmental Lead regarding 

the Fund. This report shall include, but not be limited to, the following information: 

a 

d 

e 

A detailed explanation of the sources of monies contributed to the Fund during the 

preceding year, 

A complete accounting of the uses of the Fund during the preceding year; 

An estimate of the amount of money that the Department expects the Fund to collect 

during the next year; and 

Any other information requested by the Commission on Environmental Lead. 

This report shall be available to the general public. 

SECTION 9 Commission on Environmental Lead 

1 

  

There is hereby established a Commission on Environmental Lead to be chaired by the Director 

or his designee. The Commission shall meet at the call of the chair, but not less than three (3) 

times per year. 

The purpose of the Commission shall include, but not be limited to, the following: 

a To coordinate the activities of [State or Commonwealth] and local agencies with respect 

to environmental lead policy; 

To provide advice and information with regard to developing and implementing 

educational strategies; 

 



To recommend the adoption of policies with regard to the detection and elimination of 
the hazards to the public posed by exposure to lead in the environment; 

To recommend the adoption of policies with regard to the screening and treatment of 
individuals suffering from elevated exposures to environmental lead; 

To recommend the adoption of a primary prevention program; and 

To report to the [general assembly] [legislature] annually on both the progress of the 
Program and recommendations for any needed changes in legislation. 

3 The members of the Commission shall be appointed by the Governor and include at least the 

following: 

a 

m 

the directors of [the departments of Health, Housing, Environmental Protection and 

Economic Development] or their designees; 

a representative of the Office of the Attorney General; 

a member of the [general assembly] [legislature]; 

representatives of the [Agencies that enforce the [State or Commonwealth] or local 

Sanitary Code or Housing Code]; 

a representative of local government; 

a representative of local housing authorities; 

a representative of property owners or the real estate industry; 

two representatives of appropriate public interest organizations, such as organizations 

promoting environmental health and advocating protection of childrens health; 

a representative of the lead business community (e.q., a lead abatement contractor or 

private lead inspector); 

a representative of the insurance industry; 

a representative of the banking industry; 

a community health nurse; and 

a parent of a current or previously lead poisoned child. 

The Commission may develop a mechanism for adding new members. 

Initial appointments to the Commission shall be made no later than [3 months after passage of 

this law]. The term of office of each local official and public member shall be two years. Each 

member shall serve until a successor is appointed or designated. The Commission may 

reimburse members for reasonable travel expenses related to attending meetings, workshops, 

conferences, and other Commission events. 

At its first meeting of each calendar year, the Commission shall elect from among its members 

a chairperson, vice-chairperson, and secretary.  



  

7 Any member absent for three or more consecutive meetings shall be considered as having 

vacated the office. 

8 The Director shall provide such meeting and hearing rooms as the Commission may require. 

TITLE Il: SCREENING, REPORTING AND DEVELOPMENTAL ASSESSMENTS 
  

SECTION 10 Screening by Health Care Providers 

1 After consultation with recognized public health and medical professionals, including physicians, 

nurses, and environmental health specialists, the Commission, and such other sources as may 

be appropriate, the Department shall promulgate regulations establishing the means by which 

and the intervals at which children six (6) years of age and younger shall be screened for lead 

poisoning. 

2 Such regulations shall be proposed no later than six (6) months after passage of this law and 

shall be finalized no later than twelve (12) months after passage of this law. The Department 

is also authorized to require screening for lead poisoning for other high risk groups. 

3 At a minimum, the regulations shall be consistent with the screening guidelines issued by the 

United States Department of Health and Human Services, Public Health Service, Centers for 

Disease Control. 

4 Beginning eighteen (18) months after passage of this law, each physician who provides medical 

care to children six (6) years of age and younger who is registered or licensed by [name of 

State or Commonwealth] or any agency thereof shall screen children under six (6) years of age 

for lead poisoning at the intervals and using the methods specified in the regulations 

promulgated pursuant to this law. Each licensed, registered, or approved health care facility 

serving children under six (6) years of age shall take appropriate steps to ensure that their 

patients receive screening for lead poisoning at the intervals and using the methods specified 

in the regulations. 

5 Compliance with this section shall be a condition for continuing licensure for any physician 

registered or licensed by [Name of State or Commonwealth] or any agency thereof or any 

licensed, registered, or approved health care facility. The Department shall refer any physician 

or health care facility known or suspected to be violating these screening requirements to 

appropriate agencies for disciplinary action. 

6 Within six (6) months after passage of this law, all state-funded health care programs having 

child health components shall require and/or provide for screening children six (6) years of age 

and younger for lead poisoning at the intervals and using the methods specified in the 

regulations promulgated pursuant to this law. 

7 Atleast annually, the Department shall collect, analyze and summarize all of the lead screening 

information provided by physicians, health care facilities, and laboratories including but not 

limited to the information contained in the data management system established pursuant to 

Section 7.5. and all cases of childhood lead poisoning reported pursuant to Section 15 and shall 

provide this information to the Commission and all other local and state agencies involved with 

case management and lead hazard reduction. 

8 At least annually, an analysis and summary of such lead screening information shall also be 

made available to the health care community and the general public in a format that is easily 

understandable to non-technical readers. 

 



  

9 No screening shall be required pursuant to this section if the parent or guardian of the child 
refuses to consent to the screening. 

SECTION 11 Screening Prior to Child Care or School Enrollment 

1 Each child care provider licensed, certified, or approved by any state agency shall obtain from 
a parent or guardian of each child six (6) years of age and younger, but not less than fifteen (15) 
months of age, a statement signed by a physician or employee of a health care agency stating 
that said child has been screened for lead poisoning. Said statement shall be obtained upon 
the child’s enrollment if said child is two years of age or older or within thirty days of the time 
the child reaches two years of age. 

Each public and private nursery school and kindergarten shall, prior to initial enrollment of a 
child, obtain from a parent or guardian of the child a statement signed by a physician or 
employee of a health care agency that said child has been screened for lead poisoning. 

    

SECTION 12 Screening by Other [State or Commonwealth] Programs 

1 No later than twenty-four (24) months after the passage of this law, the Department, in 
consulation with other appropriate departments, shall review other [State or Commonwealth] 
programs to determine which programs shall adopt screening procedures. If the Department 
determines that screening is necessary, it shall notify the departments that administer such 
programs. 

Any department that is notified pursuant to Paragraph 1 of this Section shall promulgate 
regulations requiring screening for cases of childhood lead poisoning no later than six (6) 
months after such notification. 

SECTION 13 Developmental Assessments 

1 

  

No later than six (6) months after passage of this law, the Department, and any other 
appropriate departments, shall revise the regulations applicable to early childhood intervention 
programs and/or pre-school special education programs to provide that: 

a Blood lead testing and/or evaluation of previous testing will be conducted when any 
child is being assessed for enrollment; and 

b A diagnosis of lead poisoning is one criterion for entrance into an early childhood 
intervention program or a pre-school special education program. 

No later than six (6) months after passage of this law and after consultation with appropriate 
local and [State or Commonwealth] agencies, the Department, and any other appropriate 
departments, shall promulgate regulations providing that for every case of childhood lead 
poisoning in [name of State or Commonwealth] a developmental assessment shall be conducted 
either: 

a as part of assessment for possible enrollment in state-funded early childhood 
intervention programs or special education programs for pre-school children; or 

b as part of the medically prescribed course of treatment for children diagnosed with lead 
poisoning for which third party reimbursement must be provided. 

Copies of the developmental assessment shall be provided to the parent or guardian of the child 
and to each school that is attended by the child. 

10 

 



SECTION 14 Reimbursement by Third Party Insurers 

1 

  

Within six (6) months after the passage of this law, any general or blanket policy of accident or 

health insurance or any contract or agreement under an individual or group hospital service plan 

or medical service agreement that is delivered or issued for delivery in [name of State or 

Commonwealth] that provides for dependent coverage shall include coverage for the following: 

a screening for lead poisoning for children six (6) years of age and younger as required 

by the regulations of the Department, and other appropriate departments; 

comprehensive environmental lead inspections performed as part of the medically 

prescribed course of treatment for children diagnosed with lead poisoning; 

developmental assessments performed as part of the medically prescribed course of 

treatment for children diagnosed with lead poisoning; and 

payment of abatement-related expenses, including but not limited to expenses related 

to environmental testing and sampling, relocation, and abatement. 

SECTION 15 Reporting of Cases of Lead Poisoning 

1 

  

Any physician registered or licensed by [name of State or Commonwealth] or any agency 

thereof or any employee of a licensed, registered, or approved health care facility making the 

diagnosis of lead poisoning shall report such diagnosis to the Department within five (5) 

business days of the diagnosis. 

Any laboratory registered or licensed by [name of State or Commonwealth] or any agency 

thereof or any employee of a registered or licensed laboratory making the diagnosis of lead 

poisoning shall report such diagnosis to the Department within five (5) business days of the 

diagnosis. 

Compliance with this section shall be a condition for continuing licensure for any physician 

registered or licensed by [name of State or Commonwealth] or any agency thereof, any 

licensed, registered, or approved health care facility, or any laboratory registered or licensed 

by [name of State or Commonwealth]. 

The Department shall refer any physician, health care facility, or any laboratory known or 

suspected of violating this reporting requirement to appropriate [State or Commonwealth] 

agencies for disciplinary action. 

No later than twelve (12) months after passage of this law, the Department shall develop 

reporting regulations which shall include, but not be limited to, a standard format for reporting 

cases of childhood lead poisoning. 

TITLE li: LEAD HAZARD INSPECTIONS 
  

SECTION 16 Comprehensive Environmental Lead Inspections 

1 

  

No later than six (6) months after passage of this law, the Department shall develop regulations 

for conducting comprehensive environmental lead inspections. 

Such regulations shall be promulgated no later than twelve (12) months after passage of this 

law.  



  

3 At a minimum, such regulations shall include the following: 

a specific procedures for inspecting, testing and/or sampling of drinking water, household 
dust, painted surfaces, soil, and/or other appropriate materials that may contain lead; 

b a media-specific priority schedule for carrying out inspections and coordination of 
multimedia inspections; 

C posting of warnings and/or the notification of owners, operators, occupants, 
mortgagees, and lienholders when unacceptable lead levels are identified during an 

inspection; and 

d the circumstances pursuant to which inspection results should lead to abatement. 

SECTION 17 State Inspectors 

4 

  

State inspectors are authorized to conduct comprehensive lead inspections during reasonable 
business hours, or at any other time if the inspector and the owner, occupant, or other person 
in charge of a dwelling, dwelling unit, or premises agrees to an inspection at another time. If 
the Department determines that a dwelling, dwelling unit, or premises presents an imminent 
hazard, the Department is authorized to conduct an inspection at any time. 

State inspectors are authorized to inspect any dwelling, dwelling unit, premises, preschool, day 
care facility, nursery school, public or private elementary school or schoolyard, public 
playground, foster home, or shelter for any purpose reasonably related to carrying out the 
provisions of this law. 

State inspectors shall prepare and file written inspection reports, which shall be available to the 
public. : 

The owner, operator, or other person in charge of a dwelling, dwelling unit, premises, preschool, 
day care facility, nursery school, public or private elementary school or schoolyard, public 
playground, foster home, or shelter shall give the inspector entry and free access to every part 
of the dwelling, dwelling unit, premises, preschool, day care facility, nursery school, public or 
private elementary school or schoolyard, public playground, foster home, or shelter. 

If any owner, occupant, or other person in charge of a dwelling, dwelling unit, premises, 
preschool, day care facility, nursery school, public or private elementary school or schoolyard, 
public playground, foster home, or shelter fails or refuses to permit free access and entry to the 
structure or premises under his or her control, or any part thereof, the state inspector may 
petition and obtain an order from a court of competent jurisdiction. 

Any person refusing entry to a state inspector or obstructing an inspection may also be fined 
by the Director a sum not exceeding $ . for each violation. All fines collected pursuant to 
this section shall be placed in the Fund. 

SECTION 18 Notice To Occupants 

1 Not later than eighteen (18) months after the passage of this law, the Department shall 
promulgate regulations regarding the posting of warnings, if necessary, and provision of the 
results of the comprehensive lead inspection to the occupants. 

12 

 



2 The regulations shall include, but not be limited to, the following provisions: 

a Those persons occupying said dwelling unit, dwelling, or premises at the time the 

inspection is performed shall be notified of the results within five business days after the 

owner or operator receives the results. 

All persons who are prospective occupants shall be notified of the inspection results 

before any rental agreement, lease, or purchase and sale agreement is signed or before 

occupancy begins in cases where no rental agreement or lease is signed; and 

The size, form, content, and language to be used for posted warnings and notices to 

occupants. 

SECTION 19 Inspection of Child Care Facilities 

1 

  

No later than eighteen (18) months after passage of this law, the Director shall promulgate 

regulations requiring that all preschools, day care facilities, nursery schools, public and private 

elementary schools and schoolyards, public playgrounds, and shelters and foster homes serving 

children six (6) years of age and younger: 

a receive comprehensive environmental lead inspections at least once every three (3) 

years; and 

b demonstrate, or cause to be demonstrated, that they are lead-safe. 

After the effective date of such regulations: 

a No preschool, day care facility, nursery school, private elementary school and 

schoolyard, shelter, or foster home serving children six (6) years of age and younger 

shall be licensed, certified, or receive any form of operating approval or financial 

assistance from any state agency unless it is in compliance with such regulations; and 

No public school and schoolyard or public playground serving children of six (6) years 

of age and younger shall operate unless it is in compliance with such regulations. 

After consultation with other appropriate departments, the Department shall promulgate 

regulations for acceptable lead levels, including standards for lead on painted surfaces and the 

condition and location of such surfaces, and standards for lead in drinking water, household 

dusts, and soil. Such regulations shall be promulgated no later than six (6) months after 

passage of this law. 

SECTION 20 Inspections of Rental and Leased Property 

1 

2 

  

No later than eighteen (18) months after passage of this law, the Department shall promulgate 

regulations requiring that all owners or operators of dwelling units, dwellings, and premises 

constructed prior to 1980 have comprehensive environmental lead inspections. The regulations 

shall specify an inspection schedule for all dwelling units, dwellings, and premises consructed 

prior to 1980. For purposes of establishing this schedule, the Department may consider the age, 

location, and physical characteristics of the dwelling units, dwellings and premises, and any 

other factors it deems appropriate. 

The Department may require inspection of some or all dwellings, dwelling units, or premises 

constructed in 1980 or after 1980 if, in the Department's discretion, such inspections are 

deemed necessary to protect public health and welfare.  



  

3 

4 

If a state inspector has issued an inspection report stating that the dwelling unit, dwelling, or 
premises is lead-safe, then the Department, in its discretion, may exempt the dwelling unit, 
dwelling, or premises from inspection pursuant to this Section. 

Whenever a comprehensive environmental lead inspection has been performed, the owner, 
operator, and any real estate agent involved in renting the dwelling, dwelling unit, or premises 
shall post warnings, if necessary, and provide the results of such inspection to occupants. 

SECTION 21 Inspections in Geographical Priority Areas 

1 The Department may delineate geographical areas within the [State or Commonwealth], known 
as Geographical Priority Areas, to receive priority for primary prevention services, screening, 
lead hazard reduction, inspections and loans, loan guarantees or grants. 

The Geographical Priority Areas shall be selected based on information available to the 
Department regarding the cases of childhood lead poisoning, the age and condition of 

dwellings, dwelling units and premises, inspection results, and any other factors that the 

Department deems appropriate. 

A list of the Geographical Priority Areas, and a map showing such areas, shall be available to 
the public. : 

SECTION 22 Inspections Prior to Property Transfer 

1 

3 

    

As of the date of the passage of this law, all transfers and sales of dwelling units, dwellings, or 
premises are prohibited unless the owner or operator of such dwelling units, dwellings, or 
premises has: 

a completed, or caused to be completed, a comprehensive environmental lead inspection; 

and 

b disclosed the results of such inspection to the occupants or potential occupants of the 

dwelling unit, dwelling, or premises. 

Not later than twelve (12) months after passage of this law, the Department shall promulgate 

regulations implementing paragraph 1 of this Section. Such regulations shall take effect 

according to the following schedule: 

a No later than two (2) years after passage of this law for all dwelling units, dwellings, or 

premises constructed in 1940 or earlier; 

b No later than three (3) years after passage of this law for all dwelling units or dwellings 

constructed between 1941 and 1960; and 

c No later than four (4) years after passage of this law for all dwelling units or dwellings 

constructed between 1961 and 1980. 

The owner or operator and any real estate agent involved in selling or transferring such dwelling, 

dwelling unit, or premises shall provide in writing the inspection results to any prospective buyer 

prior to the acceptance of any offer to purchase or transfer the property. The owner or operator 

and any real estate agent shall also disclose any other related information including but not 

limited to abatement reports, the availability of inspections, and the presence of paint, plaster, 

soil or other materials containing lead. 

14 

 



  

Without financial or other penalty, prospective buyers or transferees shall have the right to 

withdraw or modify their offer if the inspection indicates the presence of unacceptable levels of 

lead as defined by Department and shall be notified by the owner and real estate agent in 

writing that they have this right. 

The owner and real estate agent shall obtain, in writing, confirmation from the prospective buyer 

or transferee that the required notifications were provided at the required time. 

Whenever a violation of paragraph 3 of this section has occurred, the owner or operator and jor 

real estate agent shall be punished by a fine of notlessthan$ __. _normorethan$___. 

for each offense and shall be ordered to comply with this section. The Department may file a 

written complaint with the district court in the jurisdiction in which the violation occurred. 

All fines collected pursuant to this section shall be deposited in the Fund. 

For purposes of any cause of action pursuant to this law, or any other law, or any common law 

cause of action brought against the owner, operator and/or real estate agent, the notice 

provided pursuant to this section shall not be used as an affirmative defense for the owner or 

real estate agent. 

The remedies provided by this section are not exclusive and supplement any existing statutory 

or common law cause of action. 

SECTION 23 Violations 

1 Whenever a violation of this Title has occurred, the Department may file a written complaint with 

the district court in the jurisdiction in which the violation occurred seeking an order barring 

occupancy or rental of the unit until the required inspection has been performed. In addition, 

the owner, operator and/or real estate agent shall be punished by a fine of not lessthan $__. 

__normore than $__._ for each offense. 

Whenever a violation of this Title has occurred, the Department may order the owner, operator 

and/or real estate agent to take whatever actions are necessary to comply with this Title. The 

district court in the jurisdiction in which the violation occurred shall have jurisdiction to grant 

whatever relief is necessary to enforce the order. 

All fines collected pursuant to this section shall be deposited in the Fund. 

For purposes of any cause of action pursuant to this law, or any other law, or any common law 

cause of action brought against the owner, operator and/or real estate agent, the notice 

provided pursuant to this section shall not be used as an affirmative defense for the owner, 

operator or real estate agent. 

The remedies provided by this section are not exclusive and supplement any existing statutory 

or common law cause of action. 

SECTION 24 Lead Hazard Reduction 

1 No later than six (6) months after passage of this law, the Department shall promulgate lead 

hazard reduction regulations. Such regulations shall be finalized no later than twelve (12) 

months after passage of this law. 

15 

 



  

2 Such regulations shall include, but not be limited to, the following: 

a acceptable and unacceptable levels of exposure to lead from various sources and 
media; 

the circumstances under which owners or operators must undertake lead exposure 
reduction in order to remedy conditions that present an imminent hazard, 

a priority based schedule of the classes of dwellings, dwelling units, and premises at 
which owners or operators must undertake lead hazard reduction activities, based on 
the age and condition of the dwelling, dwelling unit, or premises, the age of the 
occupants, and any other factors that the Department deems appropriate; 

provisions requiring that the owner or operator of any dwelling, dwelling unit, or 
premises provide lead hazard reduction in situations that present an imminent hazard 
and ensure (if necessary) that occupants are relocated to lead-safe housing during lead 
hazard reduction activities; 

the circumstances under which owners or operators must undertake lead exposure 
reduction in order to remedy conditions that present a potential health risk to occupants 

* of the dwelling, dwelling unit, or premises; 

the definition of lead hazard reduction with respect to all sources of lead; 

acceptable and unacceptable treatment methods, provided that repainting with non- 
lead-based paint, without removal, replacement, or covering of the underlying lead- 
based paint shall not constitute lead hazard reduction; 

the requirement that owners ensure that occupants are relocated to lead-safe housing 
during such lead hazard reduction, if necessary; 

the definition of containment and cleanup measures to be taken as part of lead hazard 
reduction activities; 

provisions to protect the occupational safety and health of lead inspectors, contractors, 
supervisors, workers, and other persons who perform lead hazard reduction that may 
be more, but not less, stringent than applicable Federal standards; 

provisions requiring that lead hazard reduction activities be carried out to protect the 
health and safety of occupants, neighbors, and the public; and 

provisions regarding the safe disposal of lead contaminated waste. 

3 The owner or operator of any dwelling, dwelling unit, or premises who fails to provide for lead 
hazard reduction shall be issued an order by the Department to carry out lead hazard reduction 
no later than ninety (90) days after the date of the order. 

4 In addition to any other enforcement authority granted under this law, the Department shall have 
the authority to utilize pertinent provisions of said Code [the State or Commonwealth Sanitary, 
Health and Housing code] in enforcing this section in the same manner as an enforcing officer 
under the Codes. 

SECTION 25 Revisions to [the State or Commonwealth Health, Sanitary and Housing] Code 
  

  

1 Nothing in this law shall alter the responsibilities of owners and occupants, or the authority of 
enforcing officers, under [the State or Commonwealth Health, Sanitary and Housing] Code. 

16 

 



  

2 Owners or operators of dwellings, dwelling units, or premises who are required to comply with 

any provisions of [the State or Commonwealth Health, Sanitary and Housing Codes] shall be 

required to comply with all provisions of this law. 

SECTION 26 Renovation or Rehabilitation 

1 

6 

After consultation with the department [of the State or Commonwealth having jurisdiction over 
Housing and Occupational Safety and Health], the Department shall promulgate regulations 
governing the renovation, rehabilitation, or remodeling of surfaces in dwellings, dwelling units, 

or premises constructed prior to 1980 that are known or suspected to contain lead in paint or 

other surface coatings. 

Such regulations shall clearly define when an activity constitutes renovation or rehabilitation as 

opposed to lead hazard reduction and may include requirements for testing of surfaces prior 

to the start of renovation or rehabilitation, safety precautions to protect workers, occupants, 
neighbors, and the public during renovation or rehabilitation and procedures for the safe 
disposal of lead contaminated waste. 

No person shall conduct renovation or rehabilitation activities that are covered by this section 

and that require the issuance of any state or local permit or license without complying with the 
regulations promulgated pursuant to this section. 

The Department shall develop written materials and information regarding lead hazard reduction 

and rehabilitation and renovation activities. Any state or local permit or license covering 

renovation or rehabilitation shall include as a condition of issuance copy of such materials and 

information. 

Any person who violates the terms or conditions of such renovation and rehabilitation 

regulations may be punished by a fine of notlessthan$ __.  normorethan$__ .__ for each 
offense. The department may file a written complaint with the district court in the jurisdiction 

in which the violation occurred. 

All fines collected pursuant to this section shall be deposited in the Fund. 

SECTION 27 Fugitive Dust 

1 No later than twelve (12) months after passage of this law, the department of shall 

revise its air pollution control regulations relating to fugitive dust so as to prevent the 

uncontrolled dispersal of lead-bearing dust into the air and soil. 

In addition to any other authority, the department of shall have the authority to 

conduct soil sampling, any other appropriate environmental lead sampling it deems necessary, 

review permits and collect documents in revising, implementing, and enforcing the air pollution 

control regulations relating to fugitive dusts. 

TITLE V: LIABILITY AND ENFORCEMENT 
  

    

SECTION 28 Enforcement Orders 

1 

2 

The Department may issue any order it deems necessary to aid in the enforcement of this law. 

Such orders shall include, but not be limited to, orders requiring owners or operators or any 

other person to abate hazardous conditions, or cease operations of an establishment that is in 

violation of any of the provisions of this law or the regulations promulgated pursuant to it. 

17 

 



  

SECTION 29 Preservation of Existing Rights and Remedies at Law and in Equity 

1 

  

The collection of any fine or penalty under any provision of this law shall not be construed as 
estopping the [State or Commonwealth] or any district attorney from proceeding in any court 
of law or equity to abate nuisances under existing law. 

Nothing in this law shall in any way abridge or alter any rights of action or civil or criminal 
remedies now or hereafter existing in equity, or under common law or statutory law. 

SECTION 30 Fines, Penalties and Liens 

1 

  

In determining the amount of any fine or penalty assessed pursuant to this law, the Department 
may consider the willfulness of the violation, the damage or injury to public health and welfare, 
the costs incurred by the [State or Commonwealth], and any other relevant factors. 

Each violation at any dwelling, dwelling unit or premises shall be considered a separate offense. 

Each day of continued violation of any provision of this law and/or the regulations promulgated 
pursuant to it, or any order of the Department, shall be considered a separate offense. 

If any person liable to pay any fine or penalty neglects or refuses to pay after demand, the 
amount, together with interest and any other costs that may accrue, shall be a lien in favor of 
the [State or Commonwealth] upon any and all real and personal property of such person, but 
only after the lien has been entered and recorded in the county in which the property is situated. 

SECTION 31 Criminal Penalties 

1 

4 

  

Any person who knowingly violated any provision of this law or the regulations promulgated 
pursuant to it shall be subject, upon conviction, to a fine of not morethan $ __. __ for each day 
of violation, or imprisonment not to exceed (_) years, or both. 

Any person who knowingly creates an imminent hazard or knowingly refuses to abate an 
imminent hazard, or knowingly exposes children six (6) years of age and younger to an 
imminent hazard, shall be subject, upon conviction, to a fine of not morethan §___ . _ or 
imprisonment for not more than ___ (__) years, or both. Upon conviction, a defendant that is 
an organization shall be subject to a fine of not more than §__ . __ 

If the conviction is for a violation committed after the first conviction of such person under this 
Title, the maximum punishment shall be doubled with respect to both fine and punishment. 

All fines collected pursuant to this Title shall be deposited in the Fund. 

SECTION 32 Citizen Suits 

1 

2 

Except as provided in Paragraph 2 of this Setion, any person may commence a civil action: 

a against any person, including [the State or Commonwealth] and any other governmental 
instrumentality or agency that is alleged to be in violation of this law, or any regulation 
promulgated pursuant to this law, to restrain such violation; or 

b against the Department to compel the Director to perform any mandatory act or duty, 
or fulfill any requirement set forth in this law. 

No civil action may be commenced: 

gl Under Paragraph 1.a. of this Section: 

18 

 



before the expiration of sixty (60) days after the plaintiff has given notice of such 
violation to the Department and the person who is alleged to have committed 
the violation, or 

if the Department has commenced and is diligently prosecuting a proceeding 
to require compliance with this law; but if such proceeding or civil action is 

commenced after the giving of notice, any person may intervene as a matter 

or right; and 

Under Paragraph 1.b. of this Section before the expiration of sixty (60) days after the 

plaintiff has given notice to the Department of its failure to perform the act or duty, or 

fulfill the requirement that is the basis for such action. 

In any action commenced pursuant to this Title, the Department may intervene as a matter of 

right. 

Not later than twelve (12) months after the passage of this law, the Department shall promulgate 

regulations describing the form, content, and manner of notice required by this Section. 

Any civil action shall be brought in the district court in which the violation occurred, the 

defendant resides, or the defendant maintains its prinicipal place of business. 

When two or more civil actions are brought pursuant to this Section involving the same 

defendant and the same issues or violations are pending in two or more judicial districts, such 

pending actions may be consolidated for trial by the court by order, if the court in its discretion 

so decides. 

The court may award to the plaintiff costs of suit, reasonable fees for attorneys and expert 

witnesses, and other costs if the court determines that such an award is appropriate. 

  

TITLE VI: LICENSURE AND CERTIFICATION 

  

Supervisors and Workers 
  

1 No later than twelve (12) months after passage of this law, the Department shall provide for the 

certification of training programs for environmental lead inspectors and for lead contractors, 

supervisors, workers, and other persons engaged in environmental lead hazard and exposure 

reduction. 

The Department shall establish standards and specifications for training courses including, but 

not limited to, the required length of different training programs, mandatory topics of instruction, 

and required qualifications for training programs and instructors. Practical instruction in the field 

shall be a component of the required training. 

No later than eighteen (18) months after passage of this law, the Department shall establish 

procedures and issue regulations requiring the certification of environmental lead inspectors and 

the licensure or certification, as appropriate, of all lead contractors, supervisors, workers, and 

other persons engaged in environmental lead hazard and exposure reduction. 

4 The regulations:  



shall prescribe the requirements for licensure and certification and the conditions and 

restrictions governing the renewal, revocation, and suspension of licenses and 

certificates; 

may provide for [name of State or Commonwealth] to reciprocally certify and/or license 

persons certified and/or licensed by other states with comparable requirements or 
certified and/or licensed by the Federal government; and 

c may require an apprenticeship as a condition for full licensure or certification. 

No person shall enter into, engage in, or conduct comprehensive environmental lead inspections 

or environmental lead hazard and exposure reduction activities without having successfully 

completed a certified training program and without having been certified or licensed, as 

appropriate, by the Department. Each person so trained and certified or licensed shall be 

issued a photo identity card. This restriction shall take effect eighteen (18) months after passage 

of this law. 

The Department shall develop and periodically update lists of all licensed and certified 

inspectors, contractors, supervisors, workers, and other persons who perform environmental 

lead hazard and exposure reduction and shall make such lists available free of charge to 

interested parties and the public. 

The Department shall enforce the provisions of this section and shall have all necessary powers 

therefore. 

a The Department may revoke, suspend, cancel, or deny any certification or any license 

at any time if it believes that the terms or conditions thereof are being violated or that 

the holder of, or applicant for, the certification or license has violated any regulation of 

the Department or any other state law or regulation, or any federal law or regulation, 

or the laws or regulations of other states. The revocation, suspension, cancellation, or 

denial shall be effective immediately. 

Any person aggrieved by a determination by the Department to deny, revoke, cancel, 

or suspend any certification or license may request an adjudicatory hearing. The 

Department shall conduct the hearing as soon as reasonably possible after the request. 

The certification or licensure shall remain revoked, suspended, cancelled, or denied 

while the hearing is pending. 

Any person who violates the terms or conditions of any certification or license issued under this 

section or any state law or regulation shall be punished by a fine of not less than $__. __ nor 

morethan$ . for each offense. The Department may file a written complaint and order with 

the district court in the jurisdiction in which the violation occurred. Punishment by fine under 

this section may be in addition to the suspension of any license or certification. 

All fines collected pursuant to this section shall be deposited in the Fund. 

Any inspector may issue an immediate cease-work order to any person who violates the terms 

or conditions of any license or certification issued under this section or any provision of this law 

or any regulation promulgated hereunder or order issued thereunder if, in the best judgment of 

the inspector, such violation presents a clear and significant health risk to any occupant, 

environmental lead inspector, contractor, supervisor, worker, or other person engaged in 

environmental lead hazard and exposure reduction. 

Nothing in this section shall be construed to limit the authority of the department of or 

the department of under the provisions of any other law. 

20  



  

SECTION 34 Laboratory Certification 

1 No later than six (6) months after the passage of this law, the Department shall develop 

regulations for analysis of lead in blood and in environmental media, including but not limited 

to lead in dust, soil, paint, and water. Such regulations shall include, but not be limited to, 

provisions establishing a mandatory quality assurance and quality control program and shall 

be promulgated no later than twelve (12) months after passage of this law. 

No later than twelve (12) months after passage of this law, the Department shall certify 

laboratories performing lead analyses under the [State or Commonwealth program that certifies 

laboratories] to ensure that such laboratories comply with such regulations for analysis of lead 

in blood and in environmental media. 

All certified laboratories shall report blood lead testing results to the Department as required by 

Title Il of this law. 

The Director shall assess fees for certifications and licenses issued in accordance with rules or 

regulations promulgated pursuant to this law. All such fees shall be deposited into the Fund. 

TITLE VII: FINANCIAL ASSISTANCE 
  

SECTION 35 Tax Credit 

1 Any person who pays for lead hazard reduction shall be allowed a non-refundable credit against 

[State or Commonwealth] income tax in the amount of the cost of said lead hazard reduction 

or __ ($__ .00) per dwelling unit, whichever is less. Any taxpayer entitled to such credit may 

carry forward such unused credit or any unused portions thereof and apply it to his tax liability 

for any one or more of the succeeding five taxable years. Credits may be assigned to any 

person required to pay income tax. 

This tax credit shall be available beginning in calendar year 199 . Such credit shall be allowed 

only if licensed or certified environmental lead inspectors and lead hazard reduction contractors, 

supervisors, and workers are utilized to conduct comprehensive environmental lead inspections 

and lead hazard reduction. 

After consultation with the Department, the department of [Revenue or Taxation] shall 

promulgate regulations to aid in the implementation of this section. 

SECTION 36 Lead Hazard Reduction Fund 

1 

  

There is hereby created a nonlapsing, continuous, restricted receipt account, to be called the 

Lead Hazard Reduction Fund. 

The Lead Hazard Reduction Fund shall be used to provide financial assistance in the form of 

grants, loan guarantees, and low interest loans to qualified persons and entities for 

comprehensive environmental lead inspections and lead hazard and exposure reduction in 

dwellings, dwelling units, and premises. 

The Lead Hazard Reduction Fund shall be credited with the receipts from the sale of bonds 

authorized by Section 37 of this law. 

After consultation with the director of the department of and no later than twelve (12) 

months after passage of this law, the director of [name of appropriate department] or his 

designee shall establish eligibility criteria and such other rules or criteria as may be necessary 

21 

 



  

7 

to administer the grants and low interest loan program. The conditions for receipt of a grant 
or loan shall include, but are not limited to, the following: 

a The recipient of the grant or loan meets appropriate financial criteria set forth in the 
regulations; 

b No more than eighty percent (80%) of the costs of inspection and lead hazard reduction 
incurred by an individual or for-profit entity will be paid for by a grant; and 

Cc Only licensed or certified environmental lead inspectors and lead hazard reduction and 
exposure contractors, supervisors, and workers shall be utilized to conduct 
comprehensive environmental lead inspections and lead hazard reduction. 

Distribution of monies from the Lead Hazard Reduction Fund shall begin no later than eighteen 
(18) months after passage of this law. 

With the approval of the Governor, the director of may contract with another public 
(state or local) agency, non-profit community or housing organization, or licensed financial 
institution to administer grants and loans provided by this section. For its service, the agency, 
organization, or financial institution may charge the borrower an administration fee not to exceed 
an additional one-half percent (1/2%) of the grant or loan amount. 

The director of shall coordinate issuance of grants and loans with other federal and 
state lead hazard and exposure reduction, residential rehabilitation and weatherization funding 
programs. The director shall seek to sustain program funding through revolving loan funds and 
recapture of deferred loans upon the sale of property. 

After consultation with the Department, the director of is authorized to issue such rules 
and regulations as are necessary to implement this section. 

SECTION 37 Bonds Authorized 

1 

  

The general treasurer [or other appropriate State or Commonwealth agency, department or 
official] is hereby authorized and empowered to issue, from time to time, bonds in the name and 
behalf of the state and in such amounts as may be specified, from time to time, by the governor 
in an aggregate principal amount not to exceed __ million dollars ($__,000,000) for the purpose 
of being deposited in the Lead Hazard Reduction Fund. 

The bonds shall be in denominations of one thousand dollars ($1,000) each or multiples thereof, 
and shall be payable in any coin or currency of the United States that, at the time of payment, 
shall be legal tender for public or private debts. 

The bonds shall bear such date or dates, mature at such time or times not exceeding (_) 
years from their respective date of issue, bear interest payable semiannually at such rate or 
different varying rates, be payable at such time or times, at such place or places, be subject to 
such terms of recall or redemption, with or without premium, be in such form with or without 
interest coupons attached, and carry such registration, conversion, reconversion, transfer, debt 
requirements, acceleration, and other provisions as may be fixed by the general treasurer, with 
the approval of the governor, upon each issue of the bonds at the time of each issue. 

From time to time with the approval of the governor, in the anticipation of the issue of notes or 
bonds under the authority of this law, the general treasurer [or other appropriate state official] 
is authcrized to advance monies to the Lead Hazard and Exposure Reduction Fund to be used 
for the purposes specified in this law. 

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TITLE Vii: ADDITIONAL PROVISIONS 
  

SECTION 38 Taxes and Surcharges 

1 

  

Beginning three (3) months after passage of this law, the gasoline tax shall be increased by 
cents ($. -) per gallon, and this additional cents per gallon shall be 

deposited in the Fund. 

Beginning three (3) months after passage of this law, a tax shall be charged on the retail sale 
of paint, stain, and consumer coatings within or for delivery in [name of State or 
Commonwealth] in the following amounts: 

a $ per gallon for paints, stains, or consumer coatings to which lead has been 
deliberately introduced, including but not limited to marine paints, structural paints, and 
crafts paints; and 

b $ per gallon for all other paints, stains, and consumer coatings. 

The tax levied in paragraph 2 shall be collected by retailers of paints, stains, and consumer 
coatings pursuant to regulations issued by the department of [Revenue or Taxation] and 
deposited in the Fund. 

Beginning six (6) months after passage of this law, a surcharge of $ shall be levied 
on each and every real estate transaction in [name of State or Commonwealth] involving the 

sale or transfer of a dwelling, dwelling unit, or premises and deposited into the Fund. Within 
three (3) months after passage of this law, the department of shall promulgate 
emergency regulations governing the collection of this surcharge. 

  

SECTION 39 Compliance Orders 

3 

5 

Whenever on the basis of any information the Department determines that any person has 
violated or is in violation of the provisions of this law or the regulations promulgated pursuant 
to this law, the Department may issue an order assessing a civil penalty not to exceed $___ . 
___perday for each violation for any current or past violation, requiring compliance immediately 
or within a specified time period, or both. 

Within thirty (30) days after any order issued pursuant to this Section is served, the order shall 

become final unless the person or persons named in the order request a public hearing. Upon 

such request, the Department shall conduct a public hearing as soon as reasonably possible. 

In connection with any proceeding under this Section, the Department may issue subpoenas 
for attendance and testimony of witnesses and the production of papers, books, documents, 
and other materials, and may promulgate regulations for discovery procedures. 

If a violator fails to take corrective action within the time specified in the order or fails to comply 
with any subpoena issued pursuant to this Section, the Department may assess a civil penalty 

of not more than $ . for each day of continued noncompliance with the order or the 

subpoena. 

All penalties collected pursuant to this Section shall be deposited in the Fund. 

SECTION 40 Delegation of Authority 

Except for the provisions of this law relating to penalties and appeals, after filing notice with the 

secretary of state the Director may delegate to another state agency any of the law’s administrative 

duties, including, but not limited to, environmental lead inspection and certification and licensure, 

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if the Director finds that such delegation would provide for a more effective and efficient 

administration of the provisions of this law. Notwithstanding any other law, pursuant to such 

delegation the Director may allocate monies appropriated to the Department to the delegate agency 

for the purpose of funding such delegation. 

SECTION 41 Interpretation and Severability 
  

The provisions of this law shall be liberally construed and shall be held to be in addition to, and not 

in substitution for or a limitation of, the provisions of any other law. If any provision of this law or 

the application thereof to any person or circumstances is held invalid, the remainder of the chapter 

and the application of such provisions to any other person or circumstances shall not be affected 

thereby. 

——— e— ——————————— CE —  ——————————————————— 

SECTION 42 Classification of Lead Contaminated Waste as a Special Waste 
  

1 Not later than eighteen (18) months after the passage of this law, the Department, in 

consultation with other appropriate departments, shall issue regulations classifying lead 

contaminated waste as a special waste. 

2 These regulations shall include, but not be limited to: 

a a list of landfills and/or other waste management facilities that are authorized to accept 

lead contaminated waste; and 

b specific labeling, marking, packaging, storage, and management requirements 

applicable to lead contaminated waste. 

SECTION 43 Disposal of Lead Contaminated Waste 
  

1 Lead contaminated waste shall be disposed of only at landfills and/or waste management 

facilities that are authorized by the Department pursuant to this Title. 

2 This Section shall take effect twenty-four (24) months after the passage of this law. 

SECTION 44 Recordkeeping 

1 Every person disposing of more than (_) pounds of lead contamined waste per load or 

pounds of lead contaminated waste per calendar month shall maintain a record of 

such disposal for at least five (5) years. 

2 The record shall include, but not be limited to: 

a the amount, in volume and weight, of the lead contaminated waste disposed of; 

b the name, address, telephone number, and identification number (if any) of the 

transporter used to move the lead contaminated waste; and 

c the name, address, telephone number, and identification number (if any) of the landfill 

or waste management facility at which such waste was disposed. 

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