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