14feb02...2258h

2002 SESSION

01-2191

01/09

HOUSE BILL 1367-FN

COMMITTEE: Health, Human Services and Elderly Affairs

ANALYSIS

This bill makes the following changes to the lead paint poisoning prevention and control law:

(1) Amends certain definitions to conform to federal law.

(2) Allows the department of health and human services to attach orders of lead hazard reduction to the property deed at no cost to the department.

(3) Requires the commissioner of health and human services to investigate certain cases of lead poisoning in children.

This bill is a request of the department of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14feb02...2258h

01-2191

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

Be it Enacted by the Senate and House of Representatives in General Court convened:

63:1 "Lead Base Substance"; Definition Amended to Conform to Federal Law. Amend RSA 130-A:1, XI(b) and (c) (1)-(3) to read as follows:

(b) When present in soil, the presence of lead equal to or greater than [1,000 parts per million of lead, unless otherwise established by the United States Environmental Protection Agency, in which case the United States Environmental Protection Agency standard shall prevail] 400 parts per million of lead in bare soil in children's play areas or 1,200 parts per million average for bare soil in the rest of the yard.

(c) When present in surface dust and quantified as an area or mass concentration:

(1) The presence of lead on floors, equal to or greater than [200] 40 micrograms of lead per square foot;

(2) The presence of lead on windowsills, equal to or greater than [500] 250 micrograms of lead per square foot;

(3) The presence of lead in window wells, equal to or greater than [800] 400 micrograms of lead per square foot; or

63:2 "Lead Exposure Hazard" Definition Amended to Conform to Federal Law. Amend RSA 130-A:1, XVI(d) to read as follows:

(d) Bare soil [within 100 feet of a dwelling or dwelling unit that contains lead in concentrations at] in play areas or the rest of the yard that contains lead in concentrations equal to or greater than the limits defined in RSA 130-A:1, XI(b).

63:3 New Subparagraph; Duties of Commissioner. Amend RSA 130-A:2, I by inserting after subparagraph (k) the following new subparagraph:

(l) Develop educational materials in accordance with RSA 130-A:5.

63:4 Investigations. Amend RSA 130-A:5, II to read as follows:

II. The commissioner shall investigate cases of lead poisoning in children, reported under RSA 141-A, whose blood lead level meets or exceeds 15 micrograms per deciliter of whole venous blood as reported on 2 separate, consecutive tests when the blood samples have been collected at least 90 days apart. Such investigations shall include, but not be limited to:

(a) An inspection of any leased or rented dwelling or dwelling unit during business hours, or at a time mutually agreed to by the department and the owner or owner's agent, for the purposes of identifying the presence of lead base substances. When a lead exposure hazard is determined to exist, the commissioner shall provide a notice to the owner or the owner's agent and shall also provide information on the health consequences of lead poisoning and procedures for lead hazard reduction. The notice shall also be provided to the occupant, the health authority, and the child's health care provider. The department shall not have the authority to issue an order of lead hazard reduction following inspections conducted under this paragraph.

(b) Failure, without good cause, on the part of the owner or owner's agent to appear at the inspection, at the mutually agreed to time, shall be subject to penalties set forth in RSA 130-A:14.

III. The commissioner may request health authorities to assist in such investigations.

63:5 Property Owner Notification. Amend RSA 130-A:6-a, I and II to read as follows:

I. The department shall make reasonable efforts to notify in writing the owner of a dwelling or dwelling unit where the child resides if lead levels of [15] 10 to 19.9 micrograms per deciliter are found in the child's blood. Such notice to the property owner shall specify that it is neither a finding that a lead exposure hazard exists in the property nor is it an order for lead hazard reduction.

II. Eviction of a tenant based on the presence in the dwelling or dwelling unit of a child with a blood level of [15] 10 to 19.9 micrograms per deciliter shall be unlawful. There shall be a rebuttable presumption that any eviction action, instituted by the owner within 6 months of receipt of the notice sent by the department pursuant to paragraph I, is based on the child's elevated blood lead level. If a court finds that an eviction is based on the child's elevated blood lead level, it shall deny the eviction and award damages to the tenant pursuant to RSA 540:14, II. However, if an owner in response to the notice from the department discovers a lead exposure hazard in the dwelling or dwelling unit, the owner may proceed with relocation of the tenants, provided that the owner meets the requirements of RSA 130-A:8-a, I or II.

63:6 Effective Date. This act shall take effect January 1, 2003.

(Approved: April 26, 2002)

(Effective Date: January 1, 2003)