House File 85 - Introduced HOUSE FILE 85 BY HUNTER A BILL FOR An Act requiring testing and abatement of lead hazards in 1 certain residential dwellings and child care facilities, 2 requiring inspections of certain residential housing for 3 lead hazards prior to sale, establishing a childhood lead 4 poisoning prevention and control committee, and providing a 5 penalty. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1732HH (4) 84 av/nh

H.F. 85 Section 1. NEW SECTION . 135.105E Lead hazard testing —— 1 abatement —— penalty. 2 1. A person who owns or manages a residential dwelling 3 which is target housing as defined in section 135.105C or owns 4 or manages a child care facility licensed under chapter 237A 5 shall have a lead hazard test performed on the dwelling or each 6 dwelling unit or the child care facility to determine whether 7 the dwelling or dwelling unit or child care facility contains 8 lead-based paint, a soil-lead hazard, or a dust-lead hazard. 9 If a lead hazard is found to exist, the owner or manager shall 10 cause the lead hazard to be abated as required by this section. 11 2. A lead inspector certified under section 135.105A shall 12 perform the lead hazard test and provide a written report of 13 the results of such test to each of the following: 14 a. The department. 15 b. The owner or manager of the residential dwelling or child 16 care facility. 17 c. The tenant or occupant of the residential dwelling or 18 dwelling unit or parents or legal guardians of children who 19 attend the child care facility. 20 3. The lead inspector shall issue the written report to 21 the owner or manager within two weeks of the inspection and 22 receipt of any laboratory tests. If the inspector finds that 23 a lead hazard is present in the dwelling or dwelling unit, or 24 child care facility, or on the premises thereof, the written 25 report shall notify the owner or manager that lead hazard 26 abatement must be completed in a time period and manner as 27 determined by the inspector. Such lead hazard abatement shall 28 be performed by a lead abater certified under section 135.105A. 29 If the occupant who occupies the residential dwelling or child 30 who attends the child care facility at the time that this 31 written report is issued vacates the residential dwelling or 32 dwelling unit, or ceases attending the child care facility, 33 the dwelling or dwelling unit or child care facility shall not 34 be leased or occupied or attended by any other person until 35 -1- LSB 1732HH (4) 84 av/nh 1/ 7

H.F. 85 the certified inspector issues a written report that the lead 1 hazard abatement has been completed. 2 4. The department shall make results of lead hazard tests 3 conducted pursuant to this section available to the public. 4 The department shall adopt rules to implement lead hazard 5 testing and lead hazard abatement in affected residential 6 dwellings which are target housing or child care facilities 7 which are licensed under chapter 237A. 8 5. A person who violates this section is subject to a civil 9 penalty not to exceed five thousand dollars for each offense. 10 Sec. 2. Section 558.69, subsection 1, Code 2011, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . 0e. For housing that was built before 1978, 13 that the housing has been tested by a person who has been 14 certified by the department of public health to perform lead 15 hazard testing and either found to have no lead hazards within 16 the meaning of the federal Residential Lead-based Paint Hazard 17 Reduction Act of 1992, 42 U.S.C. § 4851-4855, and amendments 18 thereto, or found to meet the requirements of the maintenance 19 standard. For purposes of this paragraph, “maintenance 20 standard” means any of the following: repairing and repainting 21 areas of deteriorated paint inside a dwelling, cleaning the 22 interior of the dwelling to remove dust that constitutes a lead 23 poisoning hazard, adjusting doors and windows in the dwelling 24 to minimize friction or impact on surfaces, or providing 25 the purchaser of the dwelling with all information required 26 pursuant to the federal Residential Lead-based Paint Hazard 27 Reduction Act of 1992, 42 U.S.C. § 4851-4855, and amendments 28 thereto. 29 Sec. 3. CHILDHOOD LEAD POISONING PREVENTION AND CONTROL 30 COMMITTEE. 31 1. The childhood lead poisoning prevention and control 32 committee is established in the department of public 33 health for the purpose of collecting information and making 34 recommendations concerning childhood lead poisoning prevention 35 -2- LSB 1732HH (4) 84 av/nh 2/ 7

H.F. 85 and control. 1 2. The committee consists of the following persons who are 2 voting members: 3 a. The director of public health, or a designee, who shall 4 serve as chairperson. 5 b. The director of the department of natural resources, or 6 a designee. 7 c. The director of human services, or a designee. 8 d. The executive director of the Iowa finance authority, or 9 a designee. 10 e. A member who is a representative of a county health 11 department located in a county with a population of three 12 hundred thousand or more inhabitants, appointed by the governor 13 subject to confirmation by the senate. 14 f. A member who is a representative of a county health 15 department located in a county with a population of less than 16 three hundred thousand inhabitants, appointed by the governor 17 subject to confirmation by the senate. 18 g. A member who is a lead abater certified under section 19 135.105A, appointed by the governor subject to confirmation by 20 the senate. 21 h. A member who represents the general public, is an 22 inhabitant of a county with a population of three hundred 23 thousand or more inhabitants, and is the parent of a child who 24 has experienced lead poisoning, or is a child advocate who has 25 experience with lead poisoning in children, appointed by the 26 governor subject to confirmation by the senate. 27 i. A member who represents property owners and developers in 28 this state, appointed by the governor subject to confirmation 29 by the senate. 30 3. The members of the committee shall not receive 31 compensation for the performance of their duties as members but 32 each member shall be paid necessary expenses while engaged in 33 the performance of duties of the committee. 34 4. The members of the committee are subject to and are 35 -3- LSB 1732HH (4) 84 av/nh 3/ 7

H.F. 85 officials within the meaning of chapter 68B. 1 5. A majority of the voting members of the committee 2 constitutes a quorum. The affirmative vote of a majority of 3 the voting members is necessary for any action taken by the 4 committee. The majority shall not include a member who has a 5 conflict of interest and a statement by a member of a conflict 6 of interest is conclusive for this purpose. A vacancy in the 7 voting membership of the committee does not impair the right of 8 a quorum to exercise the rights and perform the duties of the 9 committee. 10 6. The committee shall conduct at least two public hearings 11 to seek input from the general public and from groups and 12 individuals that have an interest in childhood lead poisoning 13 prevention and control including but not limited to physicians, 14 nurses, advanced registered nurse practitioners, health 15 insurers, local boards of health, hospitals, maternal and 16 child health organizations, schools, rental property owners, 17 general contractors, realtors, Iowa department of education, 18 occupational and environmental medicine specialists, parents 19 or patient advocates of children who have experienced lead 20 poisoning, local housing authorities, community reinvestment 21 officers, and any other individual, interest organization, 22 or association concerned with the prevention, treatment, and 23 control of childhood lead poisoning. 24 a. The first public hearing shall be held within sixty days 25 after the commission has been appointed. 26 b. The committee may hold additional public hearings as it 27 determines necessary or appropriate to carry out its duties 28 under this section. 29 7. The committee shall complete its deliberations in 30 December 2011, and submit a final report to the general 31 assembly on or before January 15, 2012, summarizing the 32 committee’s activities, analyzing the issues studied, making 33 recommendations that will aid in the prevention, treatment, 34 and control of childhood lead poisoning in this state, and 35 -4- LSB 1732HH (4) 84 av/nh 4/ 7

H.F. 85 including any other information that the committee deems 1 relevant and necessary. 2 EXPLANATION 3 This bill requires testing and abatement of lead hazards 4 in certain residential dwellings and child care facilities, 5 requires inspections of certain residential housing for 6 lead hazards prior to its sale, establishes a childhood lead 7 poisoning prevention and control committee, and provides a 8 penalty. 9 New Code section 135.105E requires that a person who owns 10 or manages a residential dwelling which meets the definition 11 of target housing or owns or manages a child care facility 12 licensed under Code chapter 237A must have a lead hazard test 13 performed on the dwelling or dwelling unit or child care 14 facility to determine the presence of a lead-based paint, a 15 soil-lead hazard, or a dust-lead hazard. “Target housing” is 16 defined under Code section 135.105C to mean housing constructed 17 prior to 1978, with the exception of housing for the elderly 18 or for persons with disabilities, and housing that does not 19 contain a bedroom, unless at least one child under six years of 20 age resides or is expected to reside in the housing. 21 The bill requires that a lead inspector certified under Code 22 section 135.105A must perform a lead hazard test and report the 23 results of the test to the department of public health, the 24 owner or manager of the residential dwelling or dwelling unit 25 or child care facility, and to the tenant or occupant of the 26 dwelling or parents or legal guardians of a child who attends 27 the child care facility. 28 The lead inspector must issue a written report to the owner 29 or manager within two weeks of the inspection and receipt of 30 any laboratory tests. If the inspector finds that a lead 31 hazard is present, the report shall notify the owner or manager 32 of that fact and that the hazard must be abated in a time and 33 manner determined by the inspector. Such lead abatement must 34 be performed by a lead abater certified under Code section 35 -5- LSB 1732HH (4) 84 av/nh 5/ 7

H.F. 85 135.105A. 1 Lead hazard test results must be available to the public. 2 The department of public health is directed to adopt rules 3 to implement lead hazard testing and abatement in affected 4 buildings. A person who violates the provisions of the new 5 Code section is subject to a civil penalty not to exceed $5,000 6 for each offense. 7 The bill also amends Code section 558.69 to provide that 8 each declaration of value submitted to the county recorder in 9 connection with a real estate transfer of housing built before 10 1978 must include a statement that the housing has been tested 11 for lead hazards by a certified inspector and either is free 12 of such hazards within the meaning of the federal Residential 13 Lead-based Paint Hazard Reduction Act of 1992, 42 U.S.C. § 14 4851-4855, and amendments thereto, or meets the requirements 15 of the maintenance standard. “Maintenance standard” means 16 any of the following: repairing and repainting areas of 17 deteriorated paint inside a dwelling, cleaning the interior of 18 the dwelling to remove dust that constitutes a lead poisoning 19 hazard, adjusting doors and windows in the dwelling to minimize 20 friction or impact on surfaces, or providing the purchaser of 21 the dwelling with all information required pursuant to the 22 federal Act, and amendments thereto. 23 The bill also establishes the childhood lead poisoning 24 prevention and control committee in the department of public 25 health for the purpose of collecting information and making 26 recommendations concerning childhood lead poisoning prevention 27 and control. The committee consists of nine voting members 28 representing specified state and local government agencies, a 29 certified lead abater, a member of the public who lives in a 30 county with a population of 300,000 or more inhabitants and 31 is the parent of a child who has experienced lead poisoning 32 or is a child advocate with experience with childhood lead 33 poisoning, and a member who represents property owners and 34 developers in this state. Members of the committee do not 35 -6- LSB 1732HH (4) 84 av/nh 6/ 7

H.F. 85 receive compensation for performance of their duties but do 1 receive necessary expenses for that performance. 2 The committee is directed to conduct at least two public 3 hearings to seek input from the general public and from 4 groups and individuals that have an interest in childhood lead 5 poisoning prevention and control. The first public hearing 6 must be held within 60 days after appointment of the committee. 7 The committee is required to complete its deliberations in 8 December 2011, and to submit a final report to the general 9 assembly by January 15, 2012, summarizing its activities, 10 analyzing the issues studied, making recommendations that will 11 aid in the prevention, treatment, and control of lead poisoning 12 in this state, and including any other information that the 13 committee deems relevant and necessary. 14 -7- LSB 1732HH (4) 84 av/nh 7/ 7