House File 2526 HOUSE FILE BY COMMITTEE ON ENVIRONMENTAL PROTECTION (SUCCESSOR TO HF 2331) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to lead abatement and property owner or agent 2 liability, and providing for the establishment of fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5158HV 80 5 rh/pj/5 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