Text: HF02525 Text: HF02527 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 135.105D VOLUNTARY LEAD HAZARD
1 2 REMEDIATION – LIABILITY.
1 3 1. The department shall adopt rules, pursuant to chapter
1 4 17A, setting forth voluntary lead hazard remediation standards
1 5 for an owner or managing agent of target housing or a child-
1 6 occupied facility constructed prior to 1978. In promulgating
1 7 these rules, the department shall consult with state
1 8 associations of real estate agents and landlords.
1 9 2. The department shall also adopt rules, pursuant to
1 10 chapter 17A, setting forth the conditions under which an owner
1 11 or managing agent of target housing or a child-occupied
1 12 facility constructed prior to 1978 who has voluntarily
1 13 completed lead hazard remediation and who is sued by a current
1 14 or former occupant seeking damages for injuries allegedly
1 15 arising from exposure to lead-based paint hazards shall be
1 16 immune from liability.
1 17 3. The department shall adopt rules, pursuant to chapter
1 18 17A, to develop and administer a central registry of target
1 19 housing or child-occupied facilities constructed prior to 1978
1 20 that meet the lead hazard remediation standards promulgated by
1 21 the department pursuant to subsection 1. The department shall
1 22 establish by rule fees in amounts sufficient to defray the
1 23 costs of administering the central registry. Fees received
1 24 shall be considered repayment receipts as defined in section
1 25 8.2. The department shall consider providing internet access
1 26 to the registry.
1 27 4. For purposes of this section, "child-occupied
1 28 facility", "lead-based paint hazard", and "target housing"
1 29 shall mean the same as defined in departmental rules.
1 30 EXPLANATION
1 31 This bill relates to lead abatement and property owner or
1 32 agent liability and provides for the establishment of fees.
1 33 The bill provides that the department of public health
1 34 shall adopt rules, pursuant to chapter 17A, setting forth
1 35 voluntary lead hazard remediation standards for an owner or
2 1 managing agent of target housing or a child-occupied facility
2 2 constructed prior to 1978. For the purposes of the bill,
2 3 "child-occupied facility", "lead-based paint hazard", and
2 4 "target housing" mean the same as defined by departmental
2 5 rule.
2 6 The bill also provides that the department shall adopt
2 7 rules setting forth the conditions under which an owner or
2 8 managing agent of target housing or a child-occupied facility
2 9 constructed prior to 1978 who has voluntarily completed lead
2 10 hazard remediation and who is sued by a current or former
2 11 occupant seeking damages for injuries allegedly arising from
2 12 exposure to lead-based paint hazards shall be immune from
2 13 liability.
2 14 The bill further provides that the department shall adopt
2 15 rules to develop and administer a central registry of target
2 16 housing or child-occupied facilities constructed prior to 1978
2 17 that are in compliance with the lead hazard remediation
2 18 standards promulgated by the department. The department shall
2 19 establish fees to defray the costs of administering the
2 20 registry.
2 21 LSB 5158HV 80
2 22 rh/pj/5
Text: HF02525 Text: HF02527 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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