03/22/07 0643s

16May2007… 1534h

06/27/07 2216CofC

06/27/07 2386eba

2007 SESSION

07-0690

01/09

SENATE BILL 176-FN

COMMITTEE: Health and Human Services

AMENDED ANALYSIS

This bill:

I. Lowers the blood lead level that determines when a child is lead poisoned.

II. Allows the commissioner of the department of health and human services to inspect other units of a multi-unit dwelling when a child has been found to be lead poisoned in one of the units.

III. Extends the period of time that interim controls may be used as an alternative to lead hazard abatement under certain circumstances.

IV. Establishes a commission to study the current childhood lead poisoning prevention law, policies, and standards.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/22/07 0643s

16May2007… 1534h

06/27/07 2216CofC

06/27/07 2386eba

07-0690

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

Be it Enacted by the Senate and House of Representatives in General Court convened:

293:1 Lead Paint Exposure; Investigations. Amend the introductory paragraph of RSA 130-A:5, I to read as follows:

I. The commissioner shall investigate cases of lead poisoning in children reported under RSA 141-A whose blood lead level meets or exceeds [20] 10 micrograms per deciliter of whole venous blood, as reported on 2 separate tests except that a blood lead level may be designated as elevated by the health care provider when the level reported meets or exceeds [20] 10 micrograms per deciliter on the first venous test. With such a declaration, a second test shall not be required. The commissioner may also conduct investigations when there is reason to believe that a lead exposure hazard, as defined in RSA 130-A:1, XVI(b) and (d), for a child exists. Such investigations shall include, but not be limited to:

293:2 Lead Paint Exposure; Inspections. Amend RSA 130-A:6, I to read as follows:

I. The commissioner may, as part of an investigation conducted under RSA 130-A:5 [and after making reasonable efforts to notify the owner or the owner’s agent], conduct an inspection of any leased or rented dwelling or dwelling unit during business hours, or at a time mutually agreed [to] upon with the owner or the owner’s agent, for the purposes of identifying the presence of lead base substances. The findings of the inspection shall be provided to the occupant, the health authority, the child’s health care provider and to the owner or the owner’s agent. If the leased or rented dwelling has multiple units, and if a lead exposure hazard is determined to exist during an investigation conducted under RSA 130-A:5, the commissioner shall conduct inspections of all other dwelling units of the leased or rented dwelling with the owner or owner’s agent for the purposes of identifying the presence of lead base substances. The findings of these inspections shall be provided to the occupant, the health authority, and the owner or the owner’s agent. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(a), (b) or (c), the commissioner shall issue an order requiring lead hazard reduction to the owner and, if appropriate, to the owner’s agent. When a lead exposure hazard is determined to exist per RSA 130-A:1, XVI(d), the commissioner may issue an order requiring lead hazard reduction to the owner and, if appropriate, to the owner’s agent. A copy of the order shall be provided to the occupants of the dwellings or dwelling unit, to the occupants of any adjacent or attached dwellings or dwelling units having the same owner and where a child resides, and to the health authority. An order shall be issued in accordance with RSA 130-A:7.

293:3 Lead Paint Exposure; Property Owner Notification. Amend RSA 130-A:6-a, I and II to read as follows:

I. The department shall make reasonable efforts to notify in writing the owner of a dwelling or dwelling unit where the child resides if lead levels of [10 to 19.9] 7.5 to 9.9 micrograms per deciliter are found in the child’s blood. Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction.

II. Eviction of a tenant based on the presence in the dwelling or dwelling unit of a child with a blood level of [10 to 19.9] 7.5 to 9.9 micrograms per deciliter shall be unlawful. There shall be a rebuttable presumption that any eviction action, instituted by the owner within 6 months of receipt of the notice sent by the department pursuant to paragraph I, is based on the child’s elevated blood lead level. If a court finds that an eviction is based on the child’s elevated blood lead level, it shall deny the eviction and award damages to the tenant pursuant to RSA 540:14, II. However, if an owner in response to the notice from the department discovers a lead exposure hazard in the dwelling or dwelling unit, the owner may proceed with relocation of the tenants, provided that the owner meets the requirements of RSA 130-A:8-a, I or II.

293:4 Lead Paint Exposure; Enforcement. Amend RSA 130-A:7, V to read as follows:

V. Interim controls, as defined in this chapter, may be used as an acceptable alternative to lead hazard abatement only with the prior written approval of the commissioner and for a period not to exceed 2 years. Within that 2-year period the person subject to the order shall either take the steps necessary to eliminate or enclose the lead exposure hazards or remove the dwelling or dwelling unit from the rental market. For orders issued in leased or rented dwellings where no child resides or frequents regularly at the time of inspection and issuance of the order, interim controls may be used for a period exceeding 2 years with the prior written approval of the commissioner if a hardship is claimed by the lessor and approved by the commissioner and if a lead exposure hazard reduction plan or any other subsequent plan is adopted and in place at the department to address compliance with the intent of this section. The commissioner shall adopt rules, under RSA 541-A, for the procedures for extensions of interim controls.

293:5 Lead Paint Exposure; Prohibitions. Amend RSA 130-A:9, II through IV to read as follows:

II. No person shall perform or cause to be performed a lead inspection or lead risk assessment, as defined in HE-P [1602.44] 1600, in a dwelling or dwelling unit or in a child care facility in any manner other than as provided for in rules adopted under RSA 130-A:10.

III. No child or pregnant woman shall be present in a leased or rented dwelling or dwelling unit, or in a child care facility, during the period of lead hazard reduction when the method of reduction causes the release of lead base substances which may be inhaled or ingested. The dwelling or dwelling unit or the child care facility shall not be reoccupied until an inspection is performed which indicates the lead exposure hazard has been reduced. The commissioner shall include this prohibition in any order issued under RSA 130-A:7.

IV. No person performing inspections or lead risk assessments, as defined in HE-P [1602.44] 1600, for the presence of lead base substances as a lead inspector or lead risk assessor after lead hazard reduction shall perform or have performed the lead hazard reduction.

293:6 Lead Paint Exposure; Rulemaking. Amend RSA 130-A:10, IV to read as follows:

IV. Fees to be collected for the issuance of licenses to lead inspectors, lead risk assessors, lead abatement contractors, for certification of lead abatement workers and lead clearance testing technicians, for testing resulting from investigations[, for certification of laboratories], for certifications of training programs, and for notifications under RSA 130-A. Property owners who own more than 4 but fewer than 7 dwelling units shall pay a fee for licensure which is 1/2 of that paid by other lead abatement contractor licensees. Such reduced fee license shall only be valid for work on dwellings or dwelling units owned by such license holder.

293:7 Rulemaking. Amend RSA 130-A:10, VI to read as follows:

VI. Procedures for issuing orders under RSA 130-A:7, including procedures for extending the time available for lead hazard reduction and interim controls for leased or rented dwellings where no child resides or frequents regularly at the time of inspection and issuance of the order.

293:8 Lead Paint Exposure; Administrative Fines. Amend RSA 130-A:14 to read as follows:

130-A:14 Administrative Fines. The commissioner, after notice and hearing and pursuant to rules adopted under RSA 541-A, may impose an administrative fine not to exceed $2,000 for each offense upon any person who violates any provision of this chapter or rules adopted under this chapter. Rehearings and appeals from a decision of the commissioner shall be in accordance with RSA 541. Any administrative fine imposed under this section shall not preclude the imposition of further penalties or administrative actions under this chapter. The commissioner shall adopt rules, under RSA 541-A, relative to administrative fines which shall be scaled to reflect the scope and severity of the violation. The sums obtained from the levying of administrative fines under this chapter shall be forwarded to the state treasurer to be deposited into the [general fund] lead poisoning prevention fund established in RSA 130-A:15.

293:9 Lead Paint Exposure; Lead Poisoning Prevention Fund. Amend RSA 130-A:15 to read as follows:

130-A:15 Lead Poisoning Prevention Fund. There is hereby established the lead poisoning prevention fund to be used to carry out the provisions of this chapter. The fund shall be composed of fees [collected in accordance with this chapter], fines, gifts, grants, donations, bequests, or other moneys from any public or private source and shall be used to implement and encourage lead paint removal and education. The fund shall be nonlapsing and shall be continually appropriated to the commissioner of the department of health and human services for the purposes of this chapter.

293:10 Commission Established. There is established a commission to study childhood lead poisoning prevention laws, policies, and standards in New Hampshire.

293:11 Membership and Compensation.

I. The members of the commission shall be as follows:

(a) Two members of the senate, appointed by the president of the senate.

(b) Two members of the house of representatives, appointed by the speaker of the house of representatives.

(c) The governor, or designee.

(d) The attorney general, or designee.

(e) The commissioner of the department of health and human services, or designee.

(f) The commissioner of the department of education, or designee.

(g) A parent of a lead poisoned child, appointed by the governor.

(h) A lead safe renovator/instructor, appointed by the commissioner of the department of health and human services.

(i) Three representatives of the New Hampshire Property Owners Association, appointed by the association.

(j) Two New Hampshire property owners, one owning a property of 4 or fewer units and one owning a property of 20 or more units, appointed by the governor.

(k) A representative of the insurance industry, appointed by the insurance commissioner.

(l) A representative of The Way Home, appointed by such organization.

(m) A representative of a municipal health department, appointed by the commissioner of health and human services.

(n) A representative of the Minority Health Office, department of health and human services, appointed by the office.

(o) A representative of the Endowment for Health, appointed by such organization.

(p) A representative of the New Hampshire Charitable Foundation, appointed by the foundation.

(q) The program director of the Dartmouth Toxic Metals Research Program, Center for Environmental Health Sciences, Dartmouth College, or designee.

(r) A representative of a local lead action committee, appointed by the commissioner of the department of health and human services.

(s) A representative of the New Hampshire Association of Realtors, appointed by the president of the association.

(t) A representative of New Hampshire Legal Assistance, familiar with tenant issues, appointed by the executive director.

II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.

293:12 Duties; Funding.

I. The commission shall identify and consider the full range of legislative and policy strategies that may be effective in furthering lead poisoning prevention in New Hampshire. In its deliberation, the commission shall seek input from individuals or entities that the commission deems relevant to its study recognizing that all stakeholders will need to work together to develop fair and workable solutions that prevent childhood lead poisoning for the purposes of examining the following issues of concern, including but not limited to:

(a) The efficacy of current laws, regulations, education and certification standards, and clinical protocols in reducing the exposure of children to lead hazards.

(b) Examining evidenced-based or promising practices from other states and jurisdictions relative to statewide policy, local ordinance, educational programming and financing strategies.

(c) Considering the economic impact of lead prevention policies and determining strategies and funding mechanisms for distributing the economic costs as broadly as possible.

(d) Examining the insurance-related concerns tied to lead and lead exposure including accessibility to insurance coverage and liability issues.

(e) Developing strategies and protocols for addressing the needs of particular communities or regions of the state or certain populations within the state most impacted by lead poisoning.

II. The commission may seek grant funding support to carry out its duties under paragraph I.

293:13 Chairperson. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section.

293:14 Report. The commission shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2008.

293:15 Repeal. The following are repealed:

I. RSA 130-A:5, II, relative to investigations.

II. RSA 130-A:12, IV, relative to certification of laboratories.

293:16 Effective Date.

I. Sections 10-14 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect January 1, 2008.

Approved: July 12, 2007

Effective: I. Sections 10-14 shall take effect July 12, 2007.

II. Remainder shall take effect January 1, 2008.