Legislation that would provide more incentives for property owners to clean up lead hazards was expected to be filed last week, according to state Senator Thomas Izzo.
The Senate Commission on Lead Hazards, a committee organized on the last day of the 1998 legislative session, has been working on the proposal since early fall. Though the normal Senate filing deadline passed on Feb. 4, Izzo said General Assembly members have agreed to give it special consideration since it is a high interest bill.
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Among the goals of this bill: Increasing the supply of lead-safe property in the state; improving public awareness of lead issues; resolving “disjointed insurance practices arising from lead liabilities exclusions and the ‘innocent owner’ provision in the current law;” and limiting the liability of property owners who follow the law.
First stop for the bill is Legislative Counsel’s office, where staff attorneys will peruse the bill’s content. They may make changes to the bill or just pass it along, Izzo explained. The bill was not expected to be sent to Legislative Counsel until most of the nearly 20 lead hazard committee members had submitted last minute comments on the proposal last Monday afternoon.
After that Izzo said he would formally submit the bill in the Senate and it will be assigned to a committee for review. Izzo speculated the bill could be submitted to either the Health, Education and Welfare Committee, which he chairs, or the Finance Committee, on which he serves. If the bill wins support in the Senate it would be passed on to the House.
In an interview after the lead hazard committee’s meeting on Friday, May 14, Izzo said he and other legislators on the committee have been keeping their General Assembly colleagues abreast of their progress. Though it is relatively late in the session – which traditionally ends in June – Izzo expects the bill to win support in both the Senate and the House of Representatives.”It is my hope we’ll be successful this session,” he said.
The committee is composed of people representing a variety of viewpoints. Committee members include representatives from the Rhode Island Trial Lawyers Association, the Rhode Island Association of Realtors, the National Association of Independent Insurers, the state Department of Health, environmental advocates, a pediatrician, and the parent of a child who has was lead poisoned. The groups do not agree on every component of the bill.
Perhaps “the most contentious” element of the bill is a cap on insurance company liability, which representatives from the Trial Lawyer Association and some children’s advocates have argued is unfair to victims, Izzo said. In addition, members of the Realtors association have expressed concern that forcing property owners into lead hazard cleanups, which can cost $7,000 to $15,000 per unit, might prevent some people from buying homes or discourage people from renting their property.
Among the bill’s main components:
A one time $1,000 tax break for property owners who take action to clean up their property.
Eliminating the state’s “innocent owner” provision, which protects most landlords from liability if a child is lead poisoned on their property.
A $25,000 cap on rental property owner and insurance company liability if a child under 6 or a pregnant woman becomes lead poisoned, and the property owner has tried to make the property lead safe. That money would be for medical treatment, cognitive and developmental assessments, special education and relocation expenses.
Creating a fund for children who have been lead poisoned, which would help pay for special care and other related needs if insurance and other possible sources don’t cover all costs.
Requiring the Attorney General’s office to establish an Office of Lead Advocate, which would have the authority to investigate alleged failures to comply with the law and to seek civil or criminal court action.
The federal government banned the use of lead in residential paint in 1978. Rhode Island, however, has a large stock of homes built before that date which still have lead paint. One commonly cited estimate indicates as many as 30,000 homes, or nearly 10 percent of the state’s housing stock, need lead hazard mitigation work. In addition to old paint, lead hazards can be found in soldering once used to install plumbing and soil contaminated by gasoline, which also used to contain lead.
Rhode Island children suffer from lead poisoning, and high blood-lead levels, at a rate about three-to four-times higher than children in other states, according to state Department of Health officials. An average of 25 children wind up in Rhode Island hospitals with lead poisoning each year.
Children who are lead poisoned can suffer a variety of neurological disorders, including learning disabilities and behavior problems. In cases of extremely high levels of lead in a child’s blood, a child can experience seizures and even death.
